The Supreme Court on Thursday refused to interfere with the bail granted to a 23-year-old law student accused in car accident case in Vadodara, where one person was killed and several others were injured [State Of Gujarat vs. Rakshit Ravish Chorasiya].
A Bench of Justices Vikram Nath and NV Anjaria dismissed the appeal filed by the State of Gujarat seeking cancellation of bail granted to the accused.
It observed that since the accused was a 23-year-old driving the car under the influence of drugs, the crash was not intentional or deliberate on his part.
The case arose in March last year, when the accused allegedly drove a car at high speed and hit multiple two-wheelers, resulting in the death of a woman and injuries to several others.
According to the prosecution, he was under the influence of drugs at the time of the incident. A video from the scene, which went viral on social media, showed him stepping out of the car and repeatedly shouting “another round”.
The Gujarat High Court had earlier granted him bail, noting that he had no criminal antecedents and had already spent several months in custody.
Challenging this, the State approached the Supreme Court seeking cancellation of bail.
During the hearing, advocate Swati Ghildiyal, appearing for the State, argued that the accused posed a threat to society and had shown no remorse after the incident.
“This arises out of an incident in Vadodara where this person under the influence of drugs, in rash driving, killed one person and injured several others. There were three collisions. He came out of the car and shouted ‘another round, another round’. There’s absolutely no remorse,” she submitted.
The Court, however, questioned the need for continued incarceration.
“Why do you want to keep him inside jail?” the Bench asked.
Ghildiyal maintained that the accused was dangerous and pointed out that another FIR had been registered against him under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) after it was found that he was under the influence of drugs while driving the car.
“This person is a threat to society. They do drugs,” Ghildiyal argued.
The court responded that the present case pertained to the accident itself and not the NDPS charge.
“But that is not the charge,” the Bench said.
When informed that the Gujarat High Court had granted bail in the accident case, where the accused was charged under section 105 BNS (culpable homicide not amounting to murder), the Court sought details of the punishment prescribed.
“What is the maximum sentence?” the Bench asked.
On being told that the offence carries a maximum sentence of up to ten years, the court noted that the incident did not appear to be deliberate.
“This is an act which is not at all voluntary or deliberate,” the Bench observed.
Ghildiyal argued that driving after consuming drugs showed that the accused was aware of the consequences.
“When you are consuming drugs and driving, knowledge is important,” she submitted.
However, the Court noted that the accused had already been in custody for a substantial period.
“He has already been inside for 9 months,” the Bench said before dismissing the plea.
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