On the one hand there is Utsav Bhasin, a 20 year old boy who has been booked under section 304 (II) of Indian Penal Code for allegedly moving down a person by his BMW the death of Anuj with his BMW car on September 11.
If convicted in this section, Utsav can get upto ten years of jail term. When the relatives of Anuj, who lost his life in the accident moved to Delhi High Court for cancellation of bail granted to Utsav, Delhi police informed the court that the FIR has been amended and Utsav can be arrested any time soon.
On the other hand, there is Salman Khan. Salman also accused of the same offence, but not in the same section. Salman Khan is facing trial in a case of hit and run where he ran over his land cruiser over the people who were sleeping on the pavement of American Express bakery in Mumbai.
Salman after the accident fled away from the scene and later, on the advice of the lawyers, surrendered before the court. One person died in the accident. But Salman was lucky enough as he was booked under section 304A of the Indian Penal Code.
Our Constitution says law is equal for all but it doesn't look so in these two cases. Both Utsav and Salman fled away from the scene. Salman's bodyguard Ravindra Patil even warned Salman who was driving too fast still he was accused of rash and negligent act. In case of Utsav Bhasin, he too fled away from the accident but was accused of culpable homicide not amounting to murder.
Its not that Bombay Police didn't want to charge Salman of culpable homicide. The state government had moved to Bombay High Court and even Supreme Court in this case. But the apex court in this case said that they don't want to interfere with the trial going on in the magistrate's court. The Court however gave a liberty to the trial court to invoke section 304 (II) if it comes during the trial that Salman infact knew that there may be an accident and people may be killed.
Salman is out on bail since then, its been five years and the trial court is yet to find out if Salman can be prosecuted under Section 304(II) and the life for the actor goes on as usual. But Utsav Bhasin is looking for anticipatory bail because he is not Salman Khan.
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