The Hindu (Delhi)

‘SUV driver implicated in overenthus­iasm’

- Ishita Mishra

Stating that he was “implicated in overenthus­iasm”, a Delhi court on Thursday granted bail to Manuj Kathuria, the SUV driver arrested for his alleged role in the drowning of three Civil Services aspirants inside the basement of a coaching centre in Old Rajinder Nagar on July 27.

During the proceeding­s, the Delhi police told the court that they have decided to drop harsher charge of culpable homicide not amounting to murder against Mr. Kathuria.

Additional Sessions Judge Rakesh Kumar granted him bail subject to furnishing a personal bond and surety bond of ₹50,000 each, observing that the other alleged offences against him were “bailable”. The court was hearing an appeal against the denial of bail to Mr. Kathuria by a magisteria­l court. The court, while pronouncin­g the bail order of Mr. Kathuria, also noted the reply filed by the Delhi police in the matter: “During further investigat­ion, as carried out in the preceding 48 hours, it has transpired that the ingredient­s of Section 105 (culpable homicide not amounting to murder) of the Bharatiya Nyaya Sanhita (BNS), at this stage, [has] not been sufficient­ly establishe­d.”

The police said that Section 105 of the BNS can be better assessed when the expert team from Indian Institute of Technology Delhi visits the spot and submits its findings after inspection. “Thus, as of now, the primary offence against the accused is of Section 281 of the BNS (rash driving or riding on public way) for which the court may kindly pass appropriat­e orders as deemed fit,” the police added. “From the perusal of the record, it appears that he was implicated in overenthus­iasm while he has been charged for the offence under Section 105 of the BNS, 2023 which is nonbailabl­e,” the court noted.

The court, however, directed the accused “not to pass any comments regarding the case to print and electronic media in any manner”.

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