Bail of Kachru ragging accused cancelled (Second Lead)

SHIMLA - The Himachal Pradesh High Court Wednesday cancelled the bail given by a trial court to four medical college students, accused of ragging to death first year student Aman Kachru last year, and directed them to surrender.

Noting that the bail order was against the law, Justice D.D. Sud said: “The order passed by the trial court granting bail to the accused is against law… accordingly quashed and set aside.”

Justice Sud had earlier asked the government why the bail of the accused should not be cancelled. He had taken suo motu cognizance of the bail granted to the accused by the trial court.

“The trial court would proceed with recording of the evidence on the dates (Aug 2) already fixed and would ensure that the trial is conducted from day to day. The court would ensure that no undue and unnecessary adjournments be granted to either side,” Justice Sud observed, in a 37-page order.

The court directed the accused to surrender in the fast track trial court at Dharamsala in Kangra district Thursday by 10 a.m.

The fast track court of Dharamsala granted bail to Ajay Verma, Naveen Verma, Abhinav Verma and Mukul Sharma July 17 after 16 months of custody.

Setting aside the bail order, the high court said that “the trial court ignored that three of the accused (Naveen, Abhinav and Mukul) are also involved in other criminal case”.

During the arguments, Advocate General R.K. Bawa, who represented the government, said the trial court has shown undue haste in granting bail to the accused without considering the fact that the recording of the evidence would come to an end Aug 6.

The trial court has so far recorded the statement of 26 witnesses. Statements of some doctors and police personnel are to be recorded, he added.

Aman Kachru, 19, died March 8, 2009, a few hours after being allegedly ragged by the four final-year students of the Rajendra Prasad Medical College in Tanda town in Kangra district.

The high court in its hearing Saturday restrained the trial court from passing any order related to bail given to the four students.

After the death of Kachru, the state government had ordered a magisterial inquiry into his death.

The inquiry report said many first-year students, including Kachru, were subjected to intense physical ragging March 7, 2009.

“Kachru collapsed and died due to injuries which the post-mortem report has linked to the incident of ragging,” said the report, holding college principal Suresh Sankhyan, responsible for the lapses.

Sankhyan resigned from the post after the incident.