New Delhi: Delhi's Tis Hazari court on Friday issued a notice to Delhi Police on a plea seeking the preservation and production of CCTV footage of the place of the drowning incident and its vicinity in Old Rajender Nagar.
This application was moved on behalf of SUV driver Manuj Kathuria. He was granted bail by the session court yesterday.
Judicial Magistrate (First Class) Vinod Kumar issued a notice to the Investigation Officer (IO) of the case and sought a reply. The court has listed the matter for further hearing on August 7.
The application was moved by Advocates RK Tripathi and Sahil Ahuja, seeking a direction for Delhi Police to preserve and produce CCTV footage of one hour before and 30 minutes after the incident.
While granting bail to Manuj Kathuria, the judge said, "Further, on perusal of the CCTV record dated July 27, 2024, at 6:45 PM, on being enquired, keeping in view the entire basement floor/size of 840 sq. yards, about the collection of CCTV footage prior to 6:45 PM and thereafter to determine the role of the accused at a particular time, the IO answered in the negative," Additional Session Judge Rakesh Kumar noted in the bail order of August 1.
The court said that because of the submission made by the state through their reply, since the offence under Section 105 of the BNS 2023, which is non-bailable, is not made out at this stage, the rest of the sections are bailable.
It was alleged that he drove his vehicle in a rash and negligent manner, causing water to enter the basement.
Delhi Police had filed a status report on Kathuria's bail plea. The police said they are not pressing Section 105 (Culpable Homicide not amounting to murder) of the Bharatiya Nyay Sanhita (BNS).
Earlier, his bail was dismissed on Wednesday based on CCTV footage placed on record by the Delhi Police and Section 105 of BNS.
While dismissing the bail plea, Judicial Magistrate (First Class) Vinod Kumar had observed, "Perusal of CCTV footage of the alleged incident shows that the driver can be seen driving the said vehicle on an already heavily waterlogged road at a speed that causes a large displacement of water, as a result of which the gate of the alleged premises gave way and water went into the basement, and three innocent lives were lost in the said incident."
"Perusal of CCTV footage prima facie shows that he is being warned of the danger ahead by a passerby but he did not pay any heed," the Judicial Magistrate said in the order passed on July 31.
The bail plea stated that several CCTV videos related to the incident are circulating on social media; however, the police are relying on three specific videos, copies of which have not been provided to the accused.
Delhi Police alleged that the driver was driving the car at high speed. The wave was so high that three iron gates crashed.
During the bail hearing on Wednesday, the counsel for the accused had urged the court to direct the IO to preserve the CCTV footage before and after 30 minutes into the incident. (ANI)
