Delhi court dismisses bail plea of accused in New Born Baby Care Hospital fire case

New Delhi : A Delhi court on Monday denied bail to Dr. Akash, who was arrested in connection with the tragic fire at New Born Baby Care Hospital, where many children were killed in a massive fire.

The decision came after careful consideration of the potential for the accused to evade legal proceedings and the gravity of the allegations.

Chief Metropolitan Magistrate (CMM) Vidhi Gupta Anand of Karkardooma Courts noted the serious nature of the offences and the ongoing investigation.

“It is without any doubt that the alleged offences are serious in nature and investigation is at initial stages and there are several aspects of investigation such as supervisory role of accused Dr. Akash, collection of the prescriptions signed by him, his role in delaying the call to the police/fire services etc which are yet to be investigated upon in detail,” she stated.

The defence counsel, Advocate Naveen Kumar Singh, argued that Dr. Akash was merely a trainee at the hospital and not an employee or in a supervisory role.

Singh asserted that Akash was assisting the nursing staff and was not responsible for patient treatment or prescriptions.

The court, however, was not convinced by the defence’s arguments. “The possibility of accused Dr. Akash fleeing the process of law cannot be ruled out and considering the seriousness of the alleged offenses and gravity of allegations made, possibility of the accused Dr. Akash influencing the witnesses can also not be ruled out,” CMM Anand noted.

The prosecution, represented by an Additional Public Prosecutor (APP), opposed the bail application, stressing the serious nature of the allegations.

The APP contended that Dr. Akash was not a mere trainee but was in charge during the night of the incident and fled the hospital without informing the authorities, which was done by the general public instead.

The prosecution also pointed out the presence of a dead body in the ICU prior to the incident and informed the court that the high court is also seized of the matter.

The defence rebutted by stating that the fire was an accident caused by a short circuit on the second floor and resulted in suffocation deaths, not burns.

They argued that Dr. Akash had rescued seven babies before the arrival of emergency services. Additionally, the defence cited procedural discrepancies and the potential negative impact on Akash's career, noting his youth and lack of influence.

Despite these arguments, the court found the allegations and the potential risks too significant to grant bail.

Last week, the court had sent the owner of the Baby Care New Born Hospital, and Akash to 14-day judicial custody.

Hospital owner Dr. Naveen Khichi was arrested in the wake of the tragedy at the private hospital, along with Akash, who was on duty at that time.

Police probe into the hospital fire has revealed that the licence issued to the hospital by the Delhi Government Health Services (DGHS) had expired on March 31.

The probe also revealed that the doctors at the hospitals were not qualified to treat newborn babies, who needed neonatal intensive care, as these doctors were only BAMS degree holders.

Further, when the hospital was inspected by police, fire brigade staff and crime team, it was also found there were no fire extinguishers, improper entry and exit, and no emergency exits.

The probable cause of the fire was stated to be a short circuit.