Six days after Bharti Yadav's deposition, the defence in the Nitish Katara murder case is already moving ahead to make use of the ambivalence in her statements.
Accused Vikas Yadav, imprisoned in Tihar jail ever since the murder on February 16, 2002 moved the Delhi High Court on Wednesday seeking bail. He has claimed that his sister Bharti in her statements had absolved him of the charges of murdering Nitish Katara with whom she was allegedly having a relationship and therefore he was entitled to relief.
The Supreme Court had on earlier occasions rejected his bail application on the ground that key witnesses Bharti, victim's mother Neelam Katara and brother Nitin Katara were yet to depose and if released, he may threaten them. He said now since they have testified, he should be given bail.
Justice AK Sikri will hear the application on Thursday. Vikas had moved the Supreme Court on December 1 seeking bail. But the apex court directed his lawyer to approach the High Court.
"Bharti has not deposed anything with regard to any intimacy whatsoever between Nitish and her. They only shared a special relationship, which was personal to them. So there is no evidence on record that the petitioner had opposed the alliance and therefore the motive attributed by the prosecution goes", the petition said.
He said Bharti also proved the prosecution story on immediate provocation for the murder wrong saying she did not dance with Nitish. Vikas also pointed out that she also denied seeing Nitish leaving the party with Vikas and Vishal Yadav.
Therefore the evidence so far recorded does not corroborate the case of the prosecution", he said.
He also said his cousin Vishal Yadav, charged with same offence on same set of evidence had been enlarged on bail and therefore he too deserved to be given relief on grounds of parity.
According to the prosecution, Vikas and Vishal abducted Nitish from a marriage party in Ghaziabad and then killed him. They allege the duo eliminated Nitish as they did not approve of Bharti's relationship with him. Police said Bharti has seen Vishal and Vikas take away Nitin.