'CCTV...shows bike wasn't deliberately rammed': BMW crash accused gets bail
What's the story
A Delhi court has granted bail to Gaganpreet Kaur, the accused in a recent BMW accident case. The decision was taken after the court observed that CCTV footage weakened the prosecution's claims of "culpable homicide anchored in delayed care." Navjot Singh, working as Deputy Secretary in the Finance Ministry, died after his bike was hit by the BMW car near south Delhi's Dhaula Kuan this month. His wife was also grievously injured.
Evidence analysis
CCTV footage showed loss of control, not deliberate ramming
In a 19-page judgment, the court stated that the CCTV footage did not support a straightforward, planned high-speed ramming of the motorbike from behind. But it rather "shows a loss of control culminating in a flip that led to the tragic contact with the car and and a DTC bus." According to Delhi Police, the BMW hit the deceased from behind as it rammed into it. On the other hand, Kaur argued her automobile flipped and unintentionally hit the victim.
Court
'Clarification weakens the foundation'
"This clarification weakens the foundation for imputing 'knowledge' of likely death at the stage of initial impact and, on the present material, brings the occurrence closer to rash/negligent driving than to culpable homicide premised on the mode of collision," Judicial Magistrate First Class Ankit Garg of Patiala House Courts observed. "Whether a higher mental element can ultimately be proved is a matter for trial; at the bail stage, the reduced strength of that allegation must be duly weighed," he added.
Emergency response
Court slams ambulance staff for not providing 1st aid
The court also slammed the ambulance staff who reached the accident site within seconds but did not provide any first aid or check the victim's pulse. "Accident happened in front of their eyes and they chose not to act and flee. Lives could have been saved, aid could have been provided...only if they would have shown some humanity and just did their duty. The conduct of the ambulance driver and paramedic is highly unprofessional and unethical," the court said.
Bail rationale
Prosecution failed to provide evidence of car's speed
The court also highlighted that the prosecution failed to provide evidence of the car's speed at the time of the accident. The judge emphasized that "the function of bail is not punitive but to secure the accused's presence and ensure a fair investigation and trial." Given these contradictions in evidence and the prosecution's case, keeping Kaur in jail was deemed disproportionate at this stage, the court said.