Court grants bail to chef in Malviya Nagar fire case

A Delhi court on Monday granted bail to the head chef arrested in connection with the fire at a Malviya Nagar hotel that claimed 23 lives last month, saying merely performing his routine duties in the kitchen could not, at this stage, be treated as criminal negligence.

The blaze erupted at the Flourish Stays Bed and Breakfast in Malviya Nagar’s Hauz Rani area on June 3, following which head chef Keshar Negi was arrested over allegations of negligence.

Granting bail to Negi, who has been in judicial custody since June 6, Additional Sessions Judge Samar Vishal said in the order, “Operating kitchen appliances was an integral part of his employment as a chef and was the very duty for which he had been engaged. Performance of those routine duties cannot, without more, be treated as constituting culpable negligence or criminal liability.”

The court directed Negi to furnish a personal bond of Rs 50,000 with one surety of the like amount and comply with conditions, including joining the investigation whenever required, not influencing witnesses, and not leaving India without prior permission of the trial court.

Maintaining that the prosecution failed to demonstrate any compelling necessity for Negi’s continued custody, the court said the interests of justice could be safeguarded by imposing appropriate bail conditions.

“Merely because the applicant was present in the kitchen and was performing his assigned duties cannot be equated with criminal negligence or with responsibility for the safety of the entire hotel,” the judge said.

Negi was arrested along with hotel owner Lovkesh Bajaj and accountant Jay Mishra, in whose name the hotel’s licence was issued.

The prosecution alleged that Negi was responsible for the day-to-day functioning of the kitchen and had switched on the electric oil fryer and other appliances shortly before the fire broke out.  It also relied on a witness statement claiming that he had previously been cautioned to exercise care while operating kitchen equipment.

Opposing the bail plea, the prosecution argued that the investigation was at a crucial stage, with the forensic report on the cause of the fire still awaited. It also expressed apprehension that Negi could influence witnesses if released.

The court, however, noted that the prosecution itself had acknowledged that the exact origin and cause of the fire were yet to be scientifically established.

It said there was no material to show that Negi, a salaried employee, was responsible for the building’s structural safety, LPG installation, fire safety mechanisms, statutory licences or other safety infrastructure, which prima facie fell within the domain of the hotel management.

“The pendency of expert reports cannot, by itself, justify indefinite incarceration, particularly when the scientific determination of the cause of fire is to be undertaken by independent expert agencies and does not require the applicant’s continued custodial detention,” it said.