Today, Tuesday, the Supreme Court granted bail to the father of the minor accused in the 2024 Porsche Pune crash case, which claimed the lives of two people, noting that the allegation that he sought to exchange his son’s blood sample to save him reflects the mentality of society, but it cannot be a reason to restrict his freedom.
A bench of Justices B V Nagrathna and Ujjal Bhuyan noted that Vishal Agarwal has been in detention for 22 months. He was granted bail on the condition that he cooperate with the trial and not influence witnesses or tamper with evidence.
“In similar cases, this court has granted similar relief,” the bench said, referring to its orders to grant bail to other defendants named in the conspiracy to influence the investigation by exchanging blood samples of the main defendant and his two friends in exchange for money.
Agarwal’s lawyers, senior advocates Mukul Rohatgi and Siddharth Dave, pointed out that the other accused have been granted bail and no pre-conviction sentence can be imposed.
The court granted bail, subject to the terms and conditions of the court of first instance. “The petitioner may not attempt to contact witnesses either directly or indirectly and will cooperate with the trial,” the court said. It directed that the trial be concluded as soon as possible and allowed the Maharashtra government to seek cancellation of bail if the accused violated any bail conditions.
The state and the victim’s family opposed bail. Senior advocate Gopal Sankaranarayanan, representing the family, told the court that Agarwal used corrupt means to influence the investigation. Additional Solicitor General Siddharth Dharmadhikari, representing Maharashtra, said Agarwal had paid money to exchange the blood samples.
The bench noted that this reflects the mentality of Indian society. “Everyone wants to take advantage of the law. But the question is, because of this mentality in society, can a man be made to lose his freedom so that he can be convicted?”
Agarwal was arrested on June 1, 2024, after his 17-year-old son allegedly crashed his car while returning from a late-night party, killing two bikers.
There was a driver and it sometimes happens that children take the wheel, Rohatgi said. He claimed that Agarwal was not aware and was not informed that his son had convinced the driver to sit in his seat.
The Bombay High Court refused to grant bail to Agarwal and the other accused, terming the prosecution’s arrest that they would influence witnesses and tamper with evidence which was justified. She pointed out that examination of the prosecution’s material showed that witnesses are vulnerable to “pressure or any other methods of influence” that lead to them becoming unsupportive or hostile to the prosecution’s case.
