Delhi HC rejects Vikas Yadav’s plea for bail extension

The refusal means Yadav, who has been out on interim bail since April 24, must surrender immediately as his bail expired on Tuesday

The Delhi High Court on Tuesday dismissed a plea by Nitish Katara murder convict Vikas Yadav seeking extension of his interim bail saying it lacked the power to grant such relief after conviction. The court underlined that only the Supreme Court could exercise “extraordinary powers” under Article 142 of the Constitution in such matters.

Former Uttar Pradesh politician DP Yadav’s son Vikas Yadav (above), along with others, was convicted of kidnapping and burning a man named Nitish Katara to death for allegedly being involved with his sister. (HT Archive)

The refusal means Yadav, who has been out on interim bail since April 24, must surrender immediately as his bail expired on Tuesday.

“In the present case, the petitioner already stands convicted, his appeal has been dismissed by this Court, and his SLP before the Supreme Court also stands dismissed. Post-conviction, he is only entitled to parole or furlough. No provision empowers this Court to grant or extend interim bail,” a bench of justice Ravinder Dudeja said in the order.

The court noted that the Supreme Court had granted Yadav interim bail by invoking Article 142, but the high court had no such jurisdiction. “The application for extension of interim bail is therefore not maintainable and is accordingly dismissed,” it said.

In his application, Yadav argued that an extension was necessary to spend time with his wife and arrange the ₹54 lakh fine imposed by the high court by selling family properties -- a process he said was “legally intricate.”

Opposing the plea, Nitish Katara’s mother Nilam, represented by advocate Vrinda Bhandari, called the marriage a “mere formality for judicial records,” pointing out that Yadav had already married in July. She accused his family of making “baseless public allegations” and argued he must surrender and apply for furlough like any other convict.

The Delhi Police and Centre also opposed the petition, calling it legally untenable.

Katara was abducted from a wedding in February 2002 and killed over his alleged relationship with Bharti Yadav, Vikas’s sister.

The trial court in May 2008, found former Uttar Pradesh politician DP Yadav’s son Vikas, Vishal Yadav and their aide contract killer Sukhdev Pehelwan, guilty of kidnapping and burning Katara to death and had awarded them life sentence.

The high court in February 2015, while upholding the life imprisonment awarded to Vikas and Vishal, specified a 30-year sentence without any remission and awarded a 25-year jail term without remission to Sukhdev. The Supreme Court in July 2016, modified Vikas and Vishal’s sentence to 25 years without remission and Sukhdev’s sentence to 20-year jail term without remission to Sukhdev.

On July 29, the Supreme Court directed Sukhdev’s forthwith release, but dismissed Vikas’s petition against the condition directing him to remain in jail for 25 years without remission and granted him the liberty to approach the Delhi high court. The Supreme Court in August 2017 had rejected Yadav’s plea seeking review of the 2016 order.