The Hindu : New Delhi News : Notices to Delhi Govt., police on Utsav’s bail application

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Wednesday, Nov 19, 2008
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Notices to Delhi Govt., police on Utsav’s bail application

Staff Reporter

BMW hit-and-run case accused Utsav Bhasin

NEW DELHI: The Delhi High Court on Tuesday issued notices to the Delhi Government and the Delhi police on a bail application by BMW hit-and-run case accused Utsav Bhasin.

Issuing the notices, Justice Veena Birbal asked the respondents to file replies to the petition by November 25.

Utsav had surrendered before a lower court here on September 29 following rejection of his anticipatory bail application by the trial court and later by the High Court.

He had sought anticipatory bail after the police booked him for culpable homicide not amounting to murder (Section 304 Part-II) of the Indian Penal Code. Rejecting his anticipatory bail application, the High Court had said that dragging of Anuj Singh after hitting him, running away from the spot and not taking the victims to a hospital were prima facie evidence against him. Anuj had later succumbed to his injuries.

Quoting Mrigank’s statement, another victim of the hit-and-run incident, about the conduct of the accused post-accident, the High Court had said prima facie it was sufficient for the police to invoke Section 304 of IPC against him. The section is a non-bailable offence.

The police had initially booked Utsav under Section 304-A but subsequently amended the FIR and added the non-bailable Section 304 Part-II to it following the death of Anuj in a hospital here.

Utsav, son of a Delhi-based industrialist, had rammed his BMW into the two-wheeler on which Anuj was pillion-riding, injuring him seriously. Mrigank, driving the two-wheeler, was also injured in the accident.

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