Malviya Nagar Hotel Fire: Delhi Court Grants Bail To Cook Arrested In 22-Death Tragedy
The Saket Court granted bail to Kesar Negi after holding that the prosecution had failed to establish any compelling necessity for his continued custody while the exact cause of the Malviya Nagar hotel fire remained under investigation
Saket Court granted bail to cook Kesar Negi in the Malviya Nagar hotel fire case that claimed 22 lives, observing that the prosecution failed to justify his continued custodial detention
A Delhi court has granted bail to Kesar Negi, a cook arrested in connection with the Malviya Nagar hotel fire that claimed 22 lives, including 13 foreign nationals, earlier this month, observing that the prosecution had failed to establish any compelling need for his continued custodial detention.
Additional Sessions Judge (ASJ)Samar Vishal of the Saket Court allowed Negi’s bail plea on Monday upon furnishing a bail bond of Rs 50,000 with one surety of the like amount. Negi has been in custody since June 6. His earlier bail application had been rejected by a Judicial Magistrate on June 8.
Granting relief, the Court observed: “Without expressing any opinion on the merits of the case, I am of the considered opinion that the prosecution has not been able to demonstrate any compelling necessity for the continued custodial detention of the applicant. The interests of justice can be adequately safeguarded by imposing appropriate conditions while enlarging him on bail.”
Appearing for Negi,AdvocatesDeepak Prakash and Priyamvada Singh Solanki submitted that the applicant is a senior citizen who is old and infirm. They also disputed the prosecution’s version regarding the cause of the fire.
The defence pointed out that while the arrest memo attributed the rapid spread of the blaze to melting rubber LPG pipes, the prosecution had failed to explain what caused the pipes to melt. According to Negi, the fire originated due to an electrical short circuit, which subsequently melted the LPG pipes. He claimed that upon noticing the fire, he immediately switched off the electricity supply and informed the hotel manager, Rupesh Kumar.
Opposing the bail plea, the prosecution relied on Kumar’s statement alleging that Negi had switched on the electric oil fryer and other kitchen appliances before the incident, and that the fire was first noticed near the fryer.
However, the Court noted that the Investigating Officer’s status report itself acknowledged that the exact origin, cause and manner of the fire were yet to be conclusively determined through scientific examination by competent expert agencies. The Court further recorded that the Forensic Science Laboratory (FSL) report is still awaited.
Holding that further custodial interrogation was not warranted at this stage, the Court granted bail while clarifying that it was not expressing any opinion on the merits of the case.
The fire broke out at a hotel in Malviya Nagar on June 3, killing 22 people, including 13 foreign nationals. During the investigation, Delhi Police arrested Kesar Negi, hotel owner Lovkesh Bajaj, and manager Jay Mishra. The remaining accused continue to remain in judicial custody.
Recently, Judicial Magistrate First Class (JMFC) Bhanu Pratap Singh had extended the judicialcustodyof all three accused by 14 days after the Delhi Police submitted that the investigation was still underway and their continued judicial custody was necessary.
The case relates to the devastating fire that broke out at Flourish Stay Hotel in Malviya Nagar on June 3, resulting in the deaths of 22 people, including several foreign nationals. Most of the victims were attendants and relatives of patients undergoing treatment at a nearby hospital. Hotel owner Lovkesh Bajaj, cook Keshav Negi, and accountant Jay Mishra have been named as accused in the case.
Earlier, on June 8, the court had rejected the bail application of Keshav Negi, who was arrested by the Delhi Police on June 7. Jay Mishra surrendered before the court on June 8, after allegedly remaining absconding since the day of the incident.
The investigation into the circumstances leading to the fatal blaze is continuing.
Notably, on June 4, the Court had remanded Bajaj to four days of police custody in connection with the devastating fire at a guest house in South Delhi’s Malviya Nagar.
Mishra, alleged to be the accountant of Flourish Stay hotel, had surrendered before the court after reportedly remaining absconding since June 3, the day of the fire. He is among three persons named as accused in the case, alongside Bajaj and hotel cook Keshav Negi. The fire broke out at Flourish Stay in Delhi’s Malviya Nagar area, resulting in one of the city’s deadliest hotel disasters in recent years. The death toll rose to 22 after a foreign national undergoing treatment succumbed to injuries on Sunday. According to the medical update, nine victims remain admitted at Max Hospital, Saket. Of these, one patient is in the Intensive Care Unit, while the remaining are under observation in the wards. Hospital authorities stated that all admitted patients are clinically stable and showing satisfactory recovery.
An FIR had been registered under multiple provisions of the Bharatiya Nyaya Sanhita, including Sections 105 (culpable homicide not amounting to murder), 326(g) (mischief by fire), 324(5) (wrongful damage to property), 125(a) and 125(b) (negligent acts endangering life and causing grievous hurt), and Section 287 relating to negligent conduct with respect to fire. According to officials, at least 58 people were rescued from the building and shifted to nearby hospitals. Twenty-one victims were declared dead. Several of those killed or injured were foreign nationals, including citizens from African countries and Turkmenistan, who were reportedly staying at the hotel while attending to relatives undergoing medical treatment in Delhi.
Preliminary findings have revealed serious violations at the establishment. Authorities informed that the building had approval for only six rooms but was allegedly operating more than 20 rooms. The hotel was also functioning without a fire No Objection Certificate (NOC) and reportedly had only a single entry and exit point, raising concerns over safety compliance and emergency evacuation measures.
Case Title: State v. Keshar Negi
