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Balance expected between societal interest & personal liberty, says court; denies bail to man

Yadav was accused of killing two and injuring six others after ramming his SUV into cars and roadside carts in South Delhi’s Vasant Vihar area on March 8.

Vasant Vihar flyover accident, Delhi court, personal liberty, court denies bail to man, social interest, indian express, indian express newsThe counsel for the accused, identified as Ajay Kumar Yadav, made the argument that he had been in judicial custody since March 9 and a chargesheet in the matter had already been filed, adding that he was, therefore, “no more required for any custodial interrogation” (Express Photo)

 

Observing that “a fine balance is expected to be maintained between societal interest vis-a-vis personal liberty of the individual,” a Delhi court has denied bail to the accused in the Vasant Vihar flyover accident in which two people had died earlier this year.

The court said that the accused not only “grievously injured many but also took the life of a 10 year old young child and male aged about 28 years”. It further noted, “Despite this, the driver/applicant continued to drive the vehicle in a reckless manner in the process of fleeing from the spot.”

The counsel for the accused, identified as Ajay Kumar Yadav, made the argument that he had been in judicial custody since March 9 and a chargesheet in the matter had already been filed, adding that he was, therefore, “no more required for any custodial interrogation”. He said that the accused should be granted bail as the trial will take time and that Yadav is ready to “abide by all the conditions which will be imposed by this court for the purpose of granting bail”.

Seeing the “gravity of the offence”, the state “strongly” opposed the bail application. After hearing arguments from both sides, Vacation Judge Aparna Swami denied the bail plea of the accused, calling his behaviour “intentionally reckless.”

Quoting from Virupakshappa Gouda & another vs State of Karnataka & another case, the judge said that “filing of the chargesheet does not in any manner lessen the allegations made by the prosecution.”

Yadav was accused of killing two and injuring six others after ramming his SUV into cars and roadside carts in South Delhi’s Vasant Vihar area on March 8.

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