Providing some relief to Utsav Bhasin, a city court on Thursday said his offence does not merit the stringent section 304 of Indian Penal Code (IPC)—culpable homicide amounting to murder—which is punishable with life imprisonment.
Additional Sessions Judge Brijesh Garg made the observation while dismissing Bhasin's application for anticipatory bail. "In the circumstances of the case and documents on record, I find force in the arguments of the defence counsel that provisions under section 304A (rash and negligent act causing death) of IPC may be attracted instead of section 304 of IPC," said the judge.
Section 304A attracts a maximum prison term of two years.
The judge said on perusal of record it was observed: “there are no damages on the front of the offending vehicle and all the damages were on the front left side.”
He observed that, as per the car's mechanical inspection report, the airbags had "opened as soon as the accidental impact was made between the vehicles due to which the accused might have been blinded for a few seconds and even if the shirt of the deceased was entangled in the left side view mirror of the offending vehicle, he could not have been seen by the accused."
The judge, however, did not discuss the case's merits at length as the petition is still pending before the High Court.
Bhasin had approached the court for anticipatory bail after the police booked him under Section 304 following victim Anuj Singh's death on September 13.