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Observing that the trial is likely to take a long time and that continued incarceration of a woman accused for more than three years as an undertrial was "not justified", the Delhi High Court granted regular bail to a woman accused of conspiring in the murder of her parents-in-law in a 2023 double murder case.
Justice Anup Jairam Bhambhani noted that out of 57 prosecution witnesses cited in the chargesheet, only 16 had been examined so far. The Court also observed that there was no material on record, apart from the accused's disclosure statement, to support the prosecution's allegation that she had allowed the co-accused to enter the house through the back door. The Court further said that the relevance of the call detail records and location data relied upon by the prosecution would have to be tested during trial, especially since the prosecution itself alleged that the accused was in a relationship with co-accused Ashish Bhargav. The case relates to an FIR registered at Gokul Puri Police Station in North-East Delhi under various provisions of the IPC relating to murder, robbery and conspiracy. According to the prosecution, the accused allegedly conspired with co-accused Viraj alias Vikas and Ashish Bhargav to murder her parents-in-law, Radhey Shyam and Beena Rani, and allegedly allowed them entry into the house through the back door. Appearing for the petitioner, Advocates Deepanshu Choithani and Madhav Nagpal argued that the chargesheet itself contained contradictions. The defence submitted that while one part of the prosecution case alleged that the accused and Ashish Bhargav were already in a relationship and frequently visited each other's homes, another part claimed that she had informed him about the location of her house on the date of the incident. The defence also argued that while the prosecution relied on CCTV footage allegedly showing the co-accused leaving the back lane of the house on a motorcycle, there was no footage showing them entering the house. It was further submitted that the latch of the back door had been found broken, indicating possible forced entry. The petitioner's counsel also argued that frequent phone calls between the accused and Ashish Bhargav could not by themselves establish involvement in the alleged offences, particularly when the prosecution itself claimed they were in a relationship. Opposing the bail plea, Additional Public Prosecutor Shoaib Haider argued that the accused was one of the main conspirators in the double murder. The prosecution claimed that around 1,500 calls had been exchanged between her and Ashish Bhargav and that meetings were held at an OYO hotel to plan the murder. The State also relied on CCTV footage allegedly showing two persons leaving the back lane of the house around 2:13 am on the day of the incident. (ANI)
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