NITESH BANSAL Vs. STATE OF U. T. CHANDIGARH

JUDGEMENT

(1.) Having been declined bail by the court below, petitioner seeks the concession thereof from this court.

(2.) Petitioner is an accused in FIR No. 32 dated 22.02.2020 registered under Sections 304, 336 and 36 IPC at Police Station, Sector-34, Chandigarh.

(3.) Relevant facts in brief first. Petitioner is the tenant of 253 square yards residential house No. 3325 Sector 32-D, Chandigarh comprising of ground floor, first floor and second floor. Premises in question had been initially given on rent to Nitesh Bansal and Nitish Popli for three years from 1. 09.2018 to 31.08.2021. Tenants were using the same as paying guest accommodation. Later, Nitish Popli left and Nitesh Bansal, petitioner herein, then alone continued to run the paying guest facility. On 22.02.2020, a fire broke out at the said premises due to electric short circuit. It resulted in the death of three young girls and caused severe burn injuries to two others, who were amongst the residents of the house as paying guests of Nitesh Bansal. Total 28 girls were staying as paying guests in the house on the fateful day. It is alleged that petitioner Nitesh Bansal had, with the connivance, permission and knowledge of the owners of the premises and their common intention, made unauthorised alterations by making small partitions in rooms and cabins with inflammable material like fibre sheets and wooden structures in the house to run the business of paying guest accommodation. All that had been done without adopting any safety measures and making safety arrangements and in violation of statutory provisions and regulations, against the norms of construction principles, without approval from the competent authorities and without leaving any space or making arrangements for the guests to escape from the premises in case of any emergency like fire, electric short circuit and without providing any window or emergency exit. The purpose was toearn more money by accommodating more paying guests than it was safely possible to accommodate in the house.