Levana Suites Fire | Allahabad High Court Grants Bail To Owners, Manager Of Hotel

The Allahabad High Court on Monday granted bail to a manager and two owners/partners of the Hotel Levana Suites (in Lucknow), where a major fire incident took place on September 5 resulting in the killing of 4 people and leaving 7 others injured.

The bench of Justice Dinesh Kumar Singh granted bail to owners Rahul Agrawal and Rohit Agrawal and manager Sagar Srivastava by observing thus:

"There may have been some infraction of regulatory requirements to run a hotel, but that would not amount that the accused-applicants have been negligent or they failed to take due care of their guests or they had knowledge of fire accident, which would result in death/injuries to the guests."

The case in brief

The fire broke out in the Hotel Levana Suites at 7 am on September 5 as a result of a short circuit of electricity in the control room where computers etc. are installed on the ground floor. The fire caused massive smoke 3 accumulation inside the rooms of the hotel and unfortunately, four persons and seven persons were injured. 

As per the allegations in the FIR, no arrangements for fire safety, emergency escape, or entrance were made in the hotel and no arrangements were there for smoke to come out also no such safety arrangement was to counter such exigencies.

It was further alleged that the gas cylinders were kept in the hotel premises in a very unsafe and reckless manner and even within the hotel premises, the arrangement of electricity was also highly mismanaged. It was also alleged that the owners of the hotel and the managers did not make proper arrangements for fire safety and emergency exit etc.

Lastly, it was also alleged that the owners and the Manager of the hotel had knowledge that such lapses and lack of arrangements would likely threaten the life and safety of the people.

Initially, the FIR against them was registered under Sections 304 and 308 IPC, but later on, Sections 420, 465, and 471 IPC were added against the accused applicants during the course of the investigation of the said offence.

The accused applicants submitted before the Court that the fire accident was an unfortunate incident and neither the accused applicants nor the hotel Manager had any role to play either by way of act or omission.

It was further argued that there was no mens rea, knowledge or negligence, which can be imputed to the accused applicants or the hotel management. It was lastly submitted that the ingredients of Sections 304 and 308 IPC are not at all present in the present case as the accused applicants did not have any intention or knowledge of the likelihood of the accident/incident

On the other hand, the state counsel and the victims' lawyers argued that no-objection certificates were obtained by bad means and the accused were aware that such an incident could happen on any day and hence they are not entitled to bail.

High Court's observations

At the outset, the Court observed that to attract the provisions of Section 304 IPC, there has to be knowledge of an accused that his actions would likely cause death. Further, the Court took the example of a case of drunken driving in an inebriated state, under the influence of alcohol, and observed that it could give rise to an inference that the person driving, had the knowledge that his act was likely to cause death.

However, taking into account the facts of this case, the Court opined that the fact situation in the case at hand is not comparable to a case of drunken driving in an inebriated state.

The Court further observed that the offence under Section 308 IPC may also not get attracted in the facts and circumstances of the case, however, the Court did add that the said question would be decided by the learned trial court at an appropriate stage.

Consequently, considering the facts and circumstances of the case and also the fact that the charge sheet has already been filed and the accused applicants are in jail since 5.9.202 and 6.9.2022 respectively, the Court ordered to release them on bail. 

Case title - Rahul Agarwal v. State of U.P. Thru. Addl. Chief./Prin. Secy. Deptt. Home, Lko and connected matters

Case Citation: 2022 LiveLaw (AB) 514

Click Here To Read/Download Order