Additional Sessions Judge Sandeep Yadav said the accused, being part of Rohit's family was definitely in a position to influence the public witnesses, who were associated with the family of the deceased and yet to be examined.
A Delhi court Tuesday dismissed a bail application of Apoorva Shukla, accused of killing her husband Rohit Shekhar Tiwari, the son of late veteran politician N D Tiwari.
Additional Sessions Judge Sandeep Yadav said the accused, being part of Rohit’s family was definitely in a position to influence the public witnesses, who were associated with the family of the deceased and yet to be examined.
“While deciding the bail application, the position and status of the accused has to be seen and considered. The applicant was married with the deceased and hence is a part of the family.
“Many public witnesses associated with the family of the deceased are yet to be examined. Applicant (Apoorva) being part of the family is definitely in a position to influence the public witnesses who are yet to be examined,” the court said in its order.
It further said there was “scientific last seen” evidence in the form of CCTV footage in which the accused was seen as the last person to go to the first floor where the murder of the deceased took place.
“The case is based on circumstantial evidence. There is scientific last seen evidence in the form of CCTV footage in which the accused (Apoorva) is seen as the last person to go to the first floor where the murder of the deceased took place.
“Therefore, prima-facie case against accused is evident from the evidence collected during investigation and the evidence that has been led so far,” it said.
The court added that Apoorva was charged with the offence of murder under section 302 of the India Penal Code, which was a serious offence punishable with death penalty.
It further noted that arguments of Apoorva’s counsel on the bail plea mainly focused on the merits of the case and referred to deposition of various witnesses who have already been examined.
“It is settled law that a detailed examination of the evidence that has come on record is not warranted while deciding the bail application as it may prejudice the case of the prosecution or of the accused,” the court said.
During the hearing, advocate Mehmood Pracha, appearing for Apoorva, said that 11 witnesses, including material witnesses, have been examined and hence there was no possibility of any witness being influenced by the accused.
He further claimed that Shekhar’s mother was informed by the police as to who had murdered her son and hence her testimony was based on her belief.
He said that the accused was most concerned about the well-being of her husband.
Additional Public Prosecutor L D Singh opposed the bail plea saying Apoorva did not inform the police immediately after seeing her husband in a bad condition.
He further said that as per the statement of the accused recorded when she was not even a suspect, she was allegedly with the deceased between 12 am to 3 am and as per the postmortem report, the death had taken place during this period.
Rohit’s mother Ujjwala Tiwari, who was represented by advocate Tariq Nasir and Manav Narula, had earlier alleged that relations turned tense between the couple immediately after their marriage and she fought with him on trivial issues.
Rohit was smothered to death on the intervening night of April 15 and 16 last year, the autopsy report had said.
Source: Read Full Article