The Delhi High Court has granted four weeks’ interim bail on medical grounds to Lovkesh Bajaj, the owner of the Malviya Nagar property where a fatal fire in June claimed multiple lives.
Justice Sachin Datta passed the order after taking note of Bajaj’s recent major abdominal surgery and the medical condition reported by the jail authorities. The Court clarified that the relief was being granted for a limited period to facilitate his recovery and would not amount to any expression of opinion on the merits of the criminal proceedings.
The Court noted that Bajaj underwent major abdominal surgery on August 31 and was discharged from hospital only on September 15. The medical material placed before the Court indicated a possibility of post-operative complications and the consequent requirement for continued medical supervision and management.
In these circumstances, the Bench considered a temporary release on medical grounds appropriate to enable Bajaj to recuperate adequately.
The case arises from the June 3 fire at the property in the Hauz Rani area of Malviya Nagar. The incident resulted in the deaths of 23 people, including foreign nationals, according to reports from other sources. The property was being operated as a bed-and-breakfast establishment.
Bajaj is facing criminal proceedings arising from the incident. The FIR registered against him includes offences under Sections 105 and 326 of the Bharatiya Nyaya Sanhita (BNS), concerning culpable homicide not amounting to murder and mischief by fire.
The prosecution case, as reported, concerns alleged regulatory and fire-safety violations at the premises. Investigators have alleged that the establishment was functioning with substantially more rooms than permitted and had only a single entry-and-exit point. It has also been reported that the property did not possess the requisite fire clearance.
Bajaj had earlier sought interim bail before the trial court on medical grounds. That plea was rejected in September after the court considered the medical treatment being provided to him while in custody. The High Court subsequently sought medical material concerning his condition before considering the present request.
The High Court’s present order is confined to the question of temporary release on medical grounds. It does not adjudicate upon the allegations arising from the fire or the merits of the prosecution case.
Bajaj was represented by advocates including Nitin Ahlawat, Preeti Yadav, Kanwar Abhay Singh, Kshitiz Ahlawat, Gautam, Ramit Bhasin and Gagan, while Additional Public Prosecutor Priyanka Dalal appeared for the State.
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