The prosecution in the Nitish Katara murder case has challenged in the Supreme Court the October, 2005 Delhi High Court order granting bail to accused Vishal Yadav, nephew of former Rajya Sabha MP DP Yadav.
The Special Leave Petition of the prosecution came up for hearing along with a similar petition filed by victim's mother Nilam Katara before a bench of Justice KG Balakrishnan and Justice DK Jain which posted it for hearing on July 21 after it was informed that the trial court was scheduled to hear the case on July 17.
The trial court had on May 21 issued a fresh non-bailable warrant against DP Yadav's daughter UK-based Bharti Yadav, a key witness in the case.
The trial court had given him time till July 17 to locate her after DP Yadav submitted that he was presently unaware of his daughter's whereabouts.
Appearing for the prosecution Additional Solicitor General Gopal Subramanian told the court that Bharti supported the prosecution in her statement under Section 161 of CrPC and that Vishal cannot have been granted bail by the High Court as there was no change in circumstances since the rejection of his first bail plea in 2003.
The court wanted to know if her statement was recorded before a Magistrateunder Section 164 of CrPC.
Yadav's son and Bharti's brother, Vikas, is the prime accused in the case, and along with his cousin Vishal and Sukhdev Pehelwan, is facing trial for the murder of business executive Nitish Katara, besides abduction and destruction of evidence. Meanwhile, co-accused Vikas withdrew his bail plea.