A Pune court has denied the bail applications of six individuals, including the parents of a teenage driver, in connection with the alleged blood-swapping incident related to the May 19 Kalyani Nagar Porsche car crash.
The teen driver is accused of crashing his luxury car into a motorbike, resulting in the deaths of two IT professionals, while his parents and others allegedly conspired to replace his blood samples to show that he was not intoxicated at the time of the accident.
Additional Sessions Judge U M Mudholkar rejected the bail pleas of the 17-year-old’s parents, Vishal and Shivani Agarwal, along with Dr. Ajay Taware and Dr. Shreehari Halnor of Sassoon General Hospital, and alleged middlemen Ashpak Makandar and Amar Gaikwad.
While refusing bail, the court observed that the accused had started tampering with evidence even before the blood of the victims on the road had dried. The judge stated that granting bail to the accused at this stage could lead to further tampering with evidence and could obstruct the course of justice, thereby denying legal justice to the victims, their families, and society at large.
The court emphasized that granting bail in such a serious matter could send a wrong message to society.
“In the considered view of this court, no case is made out by the applicants for bail,” Judge Mudholkar said.
In its order, the court acknowledged the defense’s argument that the possibility of tampering with documentary and electronic evidence was minimal since it was in the possession of the investigating agency. However, the court maintained that this did not apply to the statements of several witnesses, whose oral testimony would be crucial. The court expressed concern that these witnesses could be influenced in the same way the blood samples were allegedly tampered with, potentially preventing the case from reaching its proper legal conclusion.
The order also highlighted that Vishal and Shivani Agarwal had indeed used their financial power to influence Dr. Halnor and Dr. Taware. The court noted that the 900-page charge sheet revealed that tampering with evidence had begun even before the blood on the road had dried, with the assistance of financial influence or other means during odd hours of the night.
However, the judge rejected the argument made by Investigation Officer ACP Ganesh Ingale that the accused, being financially strong, could flee the country like fugitive businessmen Nirav Modi and Vijay Mallya, calling the comparison “fanciful” and unworthy of consideration. The court observed that the status of Vishal and Shivani Agarwal, who are builders and developers mainly operating in Pune, cannot be equated with that of fugitives Vijay Mallya, Nirav Modi, and Mehul Choksi.
The prosecution argued that if granted bail, the accused might pressure witnesses and tamper with evidence. Senior Public Prosecutor Shishir Hiray and advocate Sarthi Pansare contended that the accused had already manipulated the judicial system by tampering with evidence and would likely make similar attempts if released on bail.
