A Delhi court on Monday granted bail to Kesar Negi, the head chef arrested in connection with the devastating fire at Flourish Stay in Malviya Nagar that claimed 23 lives.
The court observed that the exact cause of the blaze is yet to be scientifically established and that criminal liability cannot be attributed to him at this stage merely because he was performing his routine duties.
According to the prosecution, the investigation revealed that Negi, who has been in judicial custody since June 6, was not merely a cook but the head chef responsible for the day-to-day functioning of the kitchen, including operating and supervising the electric oil fryer, LPG system, gas stoves, electric tandoors, pizza ovens and other kitchen appliances.
The prosecution relied on the statement of hotel receptionist Rupesh Kumar, who said Negi had switched on various kitchen appliances, including the electric oil fryer, while preparing breakfast on the morning of June 3. Rupesh stated that around 8.35 am, he was informed about a fire and, on reaching the kitchen, found flames near the electric oil fryer.
Despite efforts to douse the blaze using fire extinguishers, the fire spread rapidly. He said he evacuated guests, informed emergency services and sustained injuries during the rescue operation.
The investigating agency also cited Rupesh’s statement that Negi had previously been cautioned to exercise care while operating kitchen equipment. It further referred to Negi’s disclosure during interrogation that he had switched on the fryer and other appliances as part of routine morning preparations before noticing fire near the fryer.
According to the prosecution, the LPG hose pipe later caught fire, leading to gas leakage and rapid spread of flames.
However, the prosecution acknowledged that the precise origin, cause and manner of the fire are yet to be conclusively determined, with the final report from the forensic science laboratory (FSL) still awaited. It submitted that while reports from the Delhi Fire Services and the electrical inspector had been received, the FSL report was essential to establish the exact cause of the blaze and sequence of events.
The prosecution argued that the investigation remains at a crucial stage, with statements of survivors, injured persons and officials from various departments still being recorded and electronic evidence being collected. It also expressed apprehension that Negi, if released, could influence witnesses or interfere with the investigation.
After hearing both sides, the court observed that although the incident was of extreme gravity and warranted a thorough investigation, the seriousness of the offence alone could not be the sole ground for denying bail. It said the court was also required to examine the specific role attributed to the accused and whether continued detention was necessary.
Allowing the bail application, the court directed Negi’s release on a personal bond of Rs 50,000 with one surety of the like amount. It imposed conditions requiring him to join the investigation whenever called, refrain from influencing witnesses or tampering with evidence, keep his mobile number and address updated with the investigating officer, not leave India without prior permission of the trial court and appear before the trial court on every date of hearing unless exempted.