Mumbai, July 20th, 2022: The Additional Sessions Court for Greater Bombay has denied bail to Dilip Krishan Biswas, the contractor accused in connection with the devastating Naik Nagar building collapse that tragically killed 19 people and severely injured 14 others in June. Biswas, identified as Accused No. 4 in the case, faces serious charges including culpable homicide not amounting to murder and endangering life, in relation to the incident that shook Mumbai and exposed critical concerns about building safety and contractor negligence.

The order, pronounced on July 13th, 2022, by Additional Sessions Judge Shri. M.S. Kulkarni in Bail Application No. 1644 of 2022, effectively keeps Biswas in judicial custody. He was arrested on June 28th, 2022, and has been in custody since, following the collapse of the C-Building of Naik Nagar Co-operative Housing Society on S.G. Barve Marg. The bail application was filed under Section 439 of the Cr.P. Code, seeking his release in C.R. No. 420 of 2022, registered at the Nehru Nagar Police Station.

Represented by Advocate Mr. Mokashi, Biswas argued for bail, claiming to be a “victim of circumstances.” He asserted that he lacked prior knowledge of the building’s perilous condition and was led to take the premises on a leave and license basis. His application further contended that the stringent charges levied against him, specifically Sections 304(2) and 308 of the Indian Penal Code (IPC), were not applicable given the factual background. Biswas presented himself as a person of good character with strong social ties, implying he was not a flight risk.

However, the prosecution, represented by Ld.APP Mrs. Raykar, vehemently opposed the bail plea. They argued that the investigation was still actively underway and crucial accused were yet to be apprehended. A key point of contention was Biswas’s residential status; the prosecution highlighted that he was originally from West Bengal and therefore posed a flight risk if released on bail, potentially evading the course of justice.

Crucially, the prosecution emphasized the grave allegations against Biswas: that he had housed 37 individuals, primarily laborers skilled in carpentry from West Bengal and Rajasthan, in a building that had been officially declared dangerous for human habitation by the Mumbai Municipal Corporation as far back as 2013. Adding to the gravity, the court order notes that the Municipal Corporation had even disconnected electricity and water supply to the building on May 16th, 2016, signifying the extreme risk associated with residing there.

Judge Kulkarni, in his oral order, sided with the prosecution, citing the compelling facts presented in the FIR. The court underscored the undisputed fact that Biswas had placed 37 people in a building known to be hazardous, even without essential utilities like electricity and water. The order highlighted the tragic outcome of this decision, resulting in the deaths of 19 individuals described as “unskilled or skilled labour…hailing from West Bengal and Rajasthan having some knowledge in the carpentry.”

The court further acknowledged the significant public outcry (“social cry”) generated by the incident, emphasizing the widespread shock and grief over the preventable loss of lives. While recognizing the general principle that “bail is right and denial is exception,” Judge Kulkarni asserted that in this specific situation, with the investigation still progressing and the gravity of the allegations, it was not proper to release Biswas on bail.

Consequently, Bail Application No. 1644 of 2022 was formally rejected. The order, dictated on July 13th, 2022, was subsequently typed, draft checked, and signed on July 18th, 2022, and officially uploaded on July 19th, 2022.

The denial of bail underscores the court’s serious view of the charges against Dilip Biswas and the broader implications of the Naik Nagar building collapse. The incident has ignited a debate about building safety regulations, the responsibility of contractors towards their laborers, and the urgent need for stricter enforcement to prevent such tragedies from recurring in Mumbai and other densely populated urban centers. The investigation into the collapse remains ongoing, with authorities expected to delve deeper into the culpability of all those responsible for the disaster.