From correspondents in Delhi, India, 06:31 PM IST

Delhi Police has made it tougher for 19-year-old Utsav Bhasin to escape the consequences of mowing down a motorcycle rider and injuring another with his BMW car last week.

The Delhi Police informed the Delhi High Court Tuesday that it has amended the First Information Report (FIR) against Bhasin and included the clause Section 304 (culpable homicide not amounting to murder), a non-bailable offence. Earlier, it was filed under Section 279 (rash and negligent driving) and 337 (causing hurt and endangering life) of the Indian Penal Code.

The move by Delhi Police comes in the wake of a petition moved by Rajender Singh, the father of Anuj Singh, who succumbed to his injuries Sep 13. Anuj was riding pillion on a motorcycle that was hit by the BMW on Sep 11.

Justice Veena Birbal issued notice to Delhi Police on Singh's plea and asked it to file its reply by Sep 30, the next date of hearing.

'We have amended the First Information Report (FIR) and have added Section 304 against the accused. Now it is for the trial court to decide under which section he is to be prosecuted,' the counsel appearing for the city police told the court.

The court, after hearing the contention, said police can take appropriate action as the offence is non-bailable.

'You (police) can always arrest him (Bhasin). It a non-bailable offence. The respondent (Bhasin) can approach the court for bail.'

Advocate Vinod Tyagi, appearing for Singh, contended that the accused, who is the son of a Haryana industrialist, could try to influence witnesses and pleaded that he should be restrained from moving out of Delhi.

Advocate Ramesh Gupta, appearing for Bhasin refuted the allegation and said that his client cannot fly out of the country as his passport has already been seized by the police.

'I am not going to escape from the system and I would appear before the police whenever required by the investigating agency,' Gupta added.

Singh had approached the high court seeking its direction to cancel Bhasin's bail, alleging that he might tamper with evidence.

Meanwhile, Bhasin moved an anticipatory bail application in the lower court Tuesday. It will come up for hearing Wednesday.

Police had already seized Bhasin's passport on the direction of the Delhi High Court. Besides Anuj Singh, TV journalist Mrigank Srivastav (29) was also hit.

Bhasin was arrested from Kashmere Gate on Sep 12 and granted bail at the police station after giving two bail sureties of Rs.20,000 each.

Anuj and his friend Mrigank Srivastav were on a bike when the BMW driven by Utsav Bhasin hit them and sped away on Sep 11 in Lajpat Nagar area of Delhi.

The car is registered in the name of Golden Rolls Private Limited of Sonepat and is owned by Narendra Kumar Bhasin.

The accident came close on the heels of a verdict in another infamous case involving a BMW in which the accused, who belongs to an influential family, had mowed down six people in 1999 and was sentenced to five years in jail.

(Staff Writer, © IANS)