Delhi HC granted regular bail to maid Basanti and Himanshu Joshi, accused in the murder of Dr Yogesh Chander Paul. Bail was granted considering their 2-year custody and the slow trial, with only one of 46 witnesses examined so far.
The Delhi High Court has recently granted regular bail to two accused in the murder of Dr Yogesh Chander Paul in Jungpura in May 2024. He was allegedly murdered, and his house was looted pursuant to a conspiracy hatched by his trusted maid, Basanti. An FIR was lodged at Hazrat Nizamuddin Police Station.
Another similar incident came to light from the area, claiming the life of elderly woman Priti Kumar and her house was ransacked. While opposing bail pleas, the Prosecution argued that both accused Himanshu and Basanti are part of a larger conspiracy and are not entitled to the grant of regular bail.
Court’s Observation on Bail Grant
Justice Purushaindra Kumar Kaurav on August 19 granted regular bail to Himanshu Joshi and Basanti, considering they have undergone 2 years of custody and only one out of 46 Prosecution witnesses has been examined. Justice Kaurav observed, “The trial is at the stage of prosecution evidence, and only 1 out of the total 46 prosecution witnesses have been examined so far. The trial is, therefore, not likely to conclude in the near future.”
The High Court also noted that there is no material on record to attribute the delay in conclusion of the trial to the applicants. “Bearing in mind the long incarceration of more than 2 years, the nature of the offence which is circumstantial in nature, this Court is of the opinion that the applicants are entitled to the grant of regular bail,” Justice Kaurav ordered on August 19.
Arguments in Court
Accused Himanshu Joshi and Basanti sought regular bail. As per the Prosecution, it is alleged that on 10.05.2024, information was received by the police, and when the police reached the house of the deceased, namely, Dr Paul, situated in Jangpura Extension, it was found that he was lying dead under suspicious circumstances, with both hands found to be tied, and a visible injury was noticed on the back of his head. The jewellery and cash were allegedly found missing from the house.
Defense Arguments
The counsel for the accused submitted that the entire prosecution story is based on circumstantial evidence and the disclosure statements. There is no recovery from the accused, and they were not even present at the time of the incident. Advocate Akshay Bhandari, counsel for accused Himanshu Joshi, argued that he was at Haridwar on the date of the incident, which is even as per the prosecution’s own showing. It was further submitted that the date of the incident is 10.05.2024 and Himanshu has been implicated on the pretext that on 05.05.2024 he conducted recce; and thereafter, was in constant touch with the other co-accused persons.
The counsel for accused Basanti contended that she was the maid of the deceased family, working for the last 25 years, and this should not be the only ground to implicate her. There is no call detail record (CDR) with the other accused persons. She was allegedly in touch with one of the co-accused, Varsha. It was also submitted that she was not aware of the criminal intent of the co-accused persons. There is no criminal record of Basanti.
Prosecution’s Opposition
Additional Public Prosecutor (APP) Shoaib Haider opposed the bail pleas by stating that there is strong circumstantial evidence against the present applicants. The call details of accused Himanshu with the other accused persons and the CCTV footage of 05.05.2024 clearly establish the applicant Himanshu’s complicity. APP Haider also submitted that accused Basanti was being visited by Varsha and, at the instance of Basanti, all secret information of the deceased family was passed on to the accused persons. (ANI)
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