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No anticipatory bail to Bhasin: HC

delhi Updated: Sep 26, 2008 17:46 IST
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The Delhi High Court on Friday refused to grant anticipatory bail to Utsav Bhasin, a Haryana industrialist's teenaged son, accused of killing one person with his BMW car in south Delhi.

Justice Veena Birbal said that it is not a fit case for grant of anticipatory bail and dismissed his bail application.

"There is prima facie evidence to show that the petitioner (Bhasin) ran away from the spot and did not take the victim to hospital," Justice Birbal observed in her order.

"Considering the totality of the facts and circumstances of the present case, it is not a fit case for grant of anticipatory bail," the court added.

The court rejected the submissions made by Bhasin's counsel that the "allegations" alone cannot form the basis for making out an offence under Section 304 of IPC (culpable homicide not amounting to murder).

Justice Birbal accepted the argument of Public Prosecutor Naveen Sharma that the statement of Mrigank Srivastava that the accused did not stop the car even after the accident and continued to drag the victims on road.

Bhasin was earlier denied anticipatory bail by the trial court on September 18.

Though he was granted bail by the police soon after the incident, he is facing re-arrest as the police invoked a harsher penal provision against him after an accident victim, Anuj Singh, succumbed to his injuries on September 12.

Bhasin, 19, son of industrialist RK Bhasin from Bahadurgarh in Haryana, challenged the September 18 order passed by a trial court dismissing his bail petition.

Following the victim's death, another penal provision of 304 A (causing death by rash and negligent acts) of the IPC was invoked against the accused. Later, another stringent provision of section 304 was also invoked against Bhasin.

The accused, who planned to fly to Singapore for joining a BBA course, was earlier granted bail by Lajpat Nagar police as he was booked under IPC section 304 A (causing death by rash negligent acts), a mild provision which attracts a maximum of two years' jail term.

Bhasin was allegedly at the wheels when his BMW car hit two men on a motorcycle around 2.30 am on September 11 near Moolchand flyover in south Delhi.