Court considers police response that since chargesheet has been filed, accused can get bail

Bilakiya had sought bail stating that the accident had taken place due to brake failure of his car. His lawyers had told court that CCTV camera footage showed his that the backlights of Bilakiya’s car were lit, which showed that while he had applied brakes, the car did not stop due to brake failure.

The police had initially opposed the bail plea stating that there was nothing placed on record by Bilakiya to show that there was a brake failure. Subsequently, however, the court noted that the police had “fairly conceded” to the grant of bail to the accused.

“It evinces to myself that undoubtedly the accused has not denied his presence (at) the spot of the incident but the reason stated by him is with regard to the fact that even he was proceeding for helping persons who already had met with an accident,” the court said.

On the day of the incident on October 5, last year, another car had faced a tyre burst on the sea link, following which other cars had stopped to assist the passengers.

The Worli police had claimed that the car Bilakiya was driving crashed into one of these cars, causing the accident.

Bilakiya had claimed that he had also stopped to assist others. The court considered the submission that Bilakiya was not intoxicated and the mechanical inspection report submitted by the police does not clearly say whether the brake system was working or not.

“The prosecution has not shown any criminal antecedents to the discredit of the applicant apart from what have been shown against his brother pertaining to traffic rules infringement,” the court said on the submission that while record of e-challans were shown, the car belonged to Bilakiya’s brother.

Considering the fact that the agency itself concedes for such relief as prayed by the accused, this order needs to be forwarded to the DCP of the concerned zone…,” the court said on the police’s submission that Bilakiya can be granted bail.