A 23-year-old man arrested for allegedly running over four people sleeping on the footpath, killing two of them, was granted bail by the Delhi High Court, which attributed its decision to the failure of police to file a chargesheet within the stipulated time. The incident took place outside ESI Hospital in Rajouri Garden, and the man was allegedly drunk at the time. On questioning, it was also found the accused did not possess a driving licence.
Justice Mukta Gupta released accused Devesh Kumar, who was working with a software firm and is the son of a west Delhi businessman, on bail after furnishing a personal bond of Rs 50,000 with two surety bonds of the like amount. It further directed Kumar not to leave the country without prior permission of the court and, in case of change of residential address, has sought intimation by way of an affidavit.
Kumar was arrested after the incident on September 9 last year when police, upon medical examination, found he was in an inebriated condition and was driving at a high speed. Kumar had allegedly lost control of his vehicle and ran over four men sleeping outside the hospital. Two of them died while the others were grievously injured.
While allowing his plea, the HC noted that Kumar filed the bail application before the trial court on October 30, 2018, pointing out that police were yet to file the chargesheet even after 60 days from the date of his first remand.
The HC added: “This court is of the considered opinion that from the FIR and statements of witnesses, an offence under Section 304-II IPC having been made out, the investigating agency was required to file the chargesheet within 60 days…”