CRL.M.(BAIL) 1943/2024 in BAIL APPLN. 3089/2024, CRL.M.(BAIL) 1955/2024 in BAIL APPLN. 3197/2024, CRL.M.(BAIL) 1950/2024 in BAIL APPLN.3198/2024, CRL.M.(BAIL) 1948/2024 in BAIL APPLN.3201/2024(seeking extension of interim bail)

1. The present applications (BAIL APPLN. 3089/2024, BAIL APPLN. 3197/2024, BAIL APPLN.3198/2024, BAIL APPLN.3201/2024) under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, ([‘BNSS’]) seek regular bail in RC-8(S)/2024/CBI/SC.1/New Delhi under Sections 105, 106(1), 115(2), 290, 3(5) of Bharatiya Nyaya Sanhita, 2023,, ([‘BNS’]) P.S. Rajinder Nagar. On 13th September, 2024, this Court granted interim bail to the Applicants. The said interim bail has been extended from time to time. The Applicants through, Applications CRL.M.(BAIL) 1943/2024, CRL.M.(BAIL) 1955/2024, CRL.M.(BAIL) 1950/2024, CRL.M.(BAIL) 1948/2024, seek extension of the said interim bail.

2. The brief case of the prosecution is as follows:

2.1. The instant case RC-8(S)/2024/CBI/SC.1/New Delhi was registered on 6th August, 2024, pursuant to order dated 2nd August, 2024 passed by this Court in WP(C)10550/2024 and WP(C)13308/2023. This Court while transferring the investigation of the case from Delhi Police to Central Bureau of Investigation, ([‘CBI’]) directed to probe the incident of flooding in the basement of a coaching centre, in Old Rajinder Nagar, wherein three students lost their lives and also to probe the potential involvement of corruption or negligence/inaction by the public servants or by any other persons punishable Prevention of Corruption Act, 1988 or under other applicable laws and offences. The investigation has revealed that the coaching institute by the name of ‘RAU’s IAS Study Circle’, was being run in the building at BP-11, Bara Bazar, Old Rajinder Nagar, New Delhi, ([‘subject property’]) which has basement, stilt/parking, ground floor, first floor, second floor and third floor. All the floors including basement were used by the said coaching centre. Specifically, the basement was being used for the purpose of Library/ Exam Hall, where students used to sit throughout the day for studying as well as for taking test conducted by the coaching institute.

2.2. The investigation further revealed that on 27th July, 2024 at about 1830 hrs, several students were studying in the library located in the basement of said Coaching Institute and it was raining in the locality. The rainwater quickly flooded the ground floor after the sudden collapse of the main building’s sliding gates, which then caused water to enter the basement, resulting in flooding. While most of the students managed to escape, three students died.

2.3. The investigation also revealed that the joint owners of basement Floor of the subject property, are the Applicants herein i.e., (i) Tajinder Singh Ajmani S/o Surinder Singh (ii) Sarabjit Singh S/o Amarjit Singh (iii) Harvinder Singh S/o Amarjit Singh and (iv) Parvinder Singh Ajmani S/o Shri Jaspal Singh. These joint owners rented out the basement floor to Shri Abhishek Kumar Gupta vide a Lease deed dated 5th January, 2022 for 9 years at monthly rent of Rs 4 Lakh Rupees in contravention of the approved usage of the basement i.e., for the purpose of staircase, lift, parking use and household storage, car lift etc as mentioned in the completion cum occupancy certificate. It is a fact that the lessor and the lessee knowingly agreed to use the basement for the commercial purpose of running the coaching institute. The knowledge of the lessor and the lessee is well established from the fact that it has been specifically mentioned at para (d) of the lease deed that “Lessee intends to use the schedule property for the commercial purpose/for coaching institute only.”

2.4. The building was being used for running a coaching centre without a Fire Safety Certificate until 9th July, 2024. In fact, pursuant orders of the Delhi court, show cause notice dated 4th August, 2023 was issued by the Commissioner, MCD, to the owne