Second BMW case: Court rejects Utsav Bhasin’s bail plea

September 26th, 2008 - 8:53 pm ICT by IANS  

New Delhi, Sep 25 (IANS) Delhi High Court Friday rejected the bail plea of Utsav Bhasin, the 19-year-old son of a Haryana-based industrialist who allegedly rammed his BMW car into a motorcycle, killing one person.Bhasin had approached the court for anticipatory bail after Delhi Police slapped additional charges against him under the harsher section 304 (culpable homicide not amounting to murder) of the Indian Penal Code.

Justice Veena Birbal rejected Bhasin’s plea, saying that granting him bail at this point of time may hamper the investigations and that he might tamper with the evidence.

“The testimony of Mrigank Srivastav (who survived the accident) also points out that it was a fatal accident and section 304 has been rightly invoked against Utsav by the police, so I am inclined not to grant him anticipatory bail,” Birbal said.

The court had on Wednesday reserved its order after hearing the arguments from the police and the defence.

A city court had earlier rejected Bhasin’s application, saying the offence was non-bailable.

Bhasin, who was allegedly drunk at the time of the accident Sep 11, now faces stringent penal provisions as police have amended the charges against him in the first information report (FIR).

Earlier, the FIR had been filed under Section 279 (rash and negligent driving) and 337 (causing hurt and endangering life).

Bhasin was driving his BMW car when he hit two men on a motorcycle around 2.40 a.m. near Moolchand flyover in south Delhi.

While Anuj Singh, a BPO employee, succumbed to his injuries a day after the accident, Mrigank Srivastava, who was riding pillion, is recuperating.

Bhasin was arrested Sep 12 and granted bail.

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