Both are accused in a case related to the death of three civil services aspirants in the basement of a coaching center in July in Old Rajender Nagar.
The court of Principal District and Sessions Judge Anju Bajaj Chandna ordered Gupta to deposit Rs 2.5 Crore with the Red Cross Society till November 30, 2024. The court noted that according to the lease agreement, Gupta, being the lessee of the premises and CEO of the institute, would be responsible for any loss, claim, and damages to any person or material in the scheduled property for any reason.
The court, referring to the agreement, said the safety of the clients, employees, and guests of the coaching center is the sole responsibility of the lessee and not the lessors.
The court said that at this stage, the applicant/accused has already been in custody for more than 54 days. No purpose would be served by further keeping him in custody. The applicant has roots in society, and there is nothing on record to suggest that he can interfere with the process of justice, said the court.
The legal team of Gupta, including senior advocates Siddhartha Luthra, Rebbeca John, and advocate Mohit Saraf, appearing for both the applicants, submitted before the court that till date no officer from the civic authorities has been questioned or booked despite the specific observations of the High Court.
“The incident was unprecedented and could not have been perceived or anticipated. No one could control the heavy inflow of water which occurred due to heavy rains and the failure of the drainage system. The human occupation of the basement was not prohibited. The responsibility of owners or occupiers of the building cannot be stretched beyond a point, particularly when it is clear that civic authorities are responsible for inaction and an idle approach towards maintaining the drainage system,” submitted the counsels.
Other conditions of the bail include furnishing a personal bond in the sum of Rs one lakh with two sureties of the like amount. The applicant shall join the investigation as and when directed by the court, not leave the country without prior permission of the court, not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case, provide his mobile number(s) to the investigating officer (IO) and keep them operational at all times. In case of a change of residential address or mobile number, he shall intimate the same to the IO and court by way of an affidavit.
The court said that the basement of the coaching premises was being used in contravention of the rules and regulations. However, at the same time, the failure of civic authorities cannot be ignored, the court noted.
Referring to the Delhi High Court order in August this year while hearing the matter, the court said that the HC in its orders observed that the stormwater drain at the place was dysfunctional and de-silting of the drain in front of the coaching center had not been done and was also encroached and covered by ramps. The civic authorities have failed to take any action against unauthorised activities, noted the court.
Further, the court said that the investigation related to the applicant in the case is substantially complete and the chargesheet would be submitted very soon. Noting that the joint owners of the basement have already been released on interim bail by the Delhi High Court on September 13, the court said the case set up by the prosecution would be tested during the trial on appreciation of evidence.
“The nature and extent of culpability of the applicant/accused would be determined during the trial,” said the court.
Shreya Yadav (25) of Uttar Pradesh, Tanya Soni (25) from Telangana, and Nevin Delvin (24) from Kerala died after the basement of the building was flooded following heavy rain in central Delhi’s Old Rajender Nagar on July 27.
A total of seven persons were arrested in the case – Manuj Kathuria, the SUV driver, four co-owners of the basement, CEO Abhishek Gupta, and coaching center coordinator Deshpal Singh.
All seven have got bail now.