New Delhi: The Delhi High Court on Tuesday summoned the trial court record in the Nitish Katara murder case to establish the prosecution's allegation that Bharati Yadav, a key witness and sister of prime accused Vikas and Vishal Yadav, was having an affair with the deceased.
Justice A K Sikri, hearing the arguments on the bail plea of Vikas Yadav who is in jail since his arrest on February 22, 2002 in the case, said "it appears that the perusal of trial court record is required and the same be summoned through a special messenger on January 8."
The order came on the plea of prosecutor Mukta Gupta who opposed the bail plea of Vikas, son of controversial UP politician D P Yadav, by contending that the contents written on the greeting cards, sent by Bharati to Katara, established the affair between them.
Gupta argued the sending of such cards were accepted by Bharti in her testimony before the trial court and hence the content can be attributed to her.
She, however, informed the court that Bharti has turned hostile as she did not support the prosecution's version fully.
Earlier, Vikas's counsel D C Mathur had wanted his release and pleaded his client cannot be kept behind the bar in perpetuity.
Mathur said the present case was based on circumstantial evidence and Vikas deserved to be released since his cousin Vishal, who had the same charges against him, was already out on bail.
He said the prosecution failed to attribute the motive to murder Katara to Vikas as it had not been proved that he a grudge against the victim as Vikas was not even aware of Bharti’s affair with the victim, he added.
The court adjourned the hearing till Monday for perusing the trial court record before rejecting the bail application.
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