IAS aspirants' death: Delhi court grants bail to CEO of Rau's coaching institute subject to deposit of ₹2.5 cr

Delhi's Rouse Avenue Court on Monday granted interim bail to Rau's IAS Study Circle CEO Abhishek Gupta and Coordinator Deshpal Singh till December 7.

However, the Court also directed CEO Abhishek Gupta to deposit ₹2.5 crore with the Red Cross Society by November 30 as condition for bail.

Principal District and Sessions Judge-cum-Special Judge Anju Bajaj Chandna said that refusal of bail when the investigation is substantially complete, would amount to punishment before trial.

"The refusal of bail at this stage (when investigation is substantially done) would amount to inflicting punishment before the trial. At this stage, when the applicant / accused has already been in custody for more than 54 days, no purpose would be served by further keeping the applicant / accused in custody," the Court order stated.

Three UPSC aspirants lost their lives on July 25 after they got trapped inside the library in the basement of Rau's IAS Study Circle which flooded due to rain.

According to reports, the basement filled with 10-12 feet of water almost immediately, leaving students no chance to escape.

The three aspirants who died in the incident were identified as Tania Soni (25), Shreya Yadav (25) and Navin Delvin (28).

As per the prosecution, both the accused were responsible for the incident as the basement of the building was being utilised in contravention of the approved usage.

As per the occupancy certificate, the basement could only be used as a staircase, lift lobby, toilet, parking or a storage space, it was highlighted.

On the other hand, the accused argued that the main cause of the incident was heavy rainfall, drainage system failure and apathy by civic authorities.

They referred to a Delhi High Court order from August 2 which mentioned that the Deputy Commissioner of the Municipal Corporation of Delhi (MCD) had admitted that the stormwater drain outside the establishment was dysfunctional.

They further stated that the coaching center has now been shut down and that the fees were being refunded to students.

The Court stated that the basement was being used in violation of the rules and regulations, but also emphasized that the failure of the civic authorities could not be ignored.

"It has also been observed by the High Court in its orders that stormwater drain at the place was dysfunctional and de-silting of the drain in front of the coaching centre has not been done as also encroached and covered by ramps. The civic authorities have failed to take any action against unauthorised activities," it added.

The Court further noted that the investigation in the case was substantially complete, the chargesheet was due to be submitted soon, and that the co-owners had already been released on interim bail.

Subsequently, it determined that refusal of bail would amount to punishment before trial and granted interim bail to both applicants subject to furnishing bail bonds of ₹1 lakh each with two sureties of the like amount.

The Court also directed CEO Abhishek Gupta to deposit ₹2.5 crore with the Red Cross Society by November 30.

The Central Bureau of Investigation (CBI) was represented by Senior Public Prosecutors Prashant Kumar and AK Kushwaha.

The applicants were represented by Senior Advocates Sidharth Luthra and Rebecca John along with advocates Mohit Saraf, Sanjeev Sharma, Anirudh Gandhi, Sanya Sud, Vaishali Goyal, Pravir Singh, Karamvir and Debargha Roy.

Dalvin Suresh, father of deceased Nevin Dalvin, was represented by advocates Abhijit Anand, Sahil Reza Khan, Garvita Mehta and Rochak Singla.

On September 13, Delhi High Court had granted bail to four co-owners of the premises - Parvinder Singh, Sarabjit Singh, Tajinder Singh Ajmani and Harvinder Singh - on the condition that they deposit ₹5 crore with the Red Cross Society.

[Read Orders]