HC grants bail to ex-model Divya Pahuja in Sandeep Gadoli fake encounter case

The Bombay High Court has granted bail to Divya Pahuja, the former model and prime accused in the murder of gangster Sandeep Gadoli. The court cited her extended custody and the unlikelihood of the trial concluding soon as reasons for the decision. Pahuja had been incarcerated for nearly seven years and there were 171 witnesses yet to be examined. The court imposed certain conditions upon her release. Gadoli, a notorious gangster, was killed in an alleged fake encounter in 2016.

Mumbai: The Bombay high court (HC) granted bail to Divya Pahuja, former model and prime accused in the murder of Gurgaon gangster Sandeep Gadoli, stating that she is languishing in custody for a substantial time of nearly seven years and there was no likelihood of trial in the case getting over in near future.

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Pahuja, her mother Sonia and five police personnel were among those booked for the murder of Gadoli in an alleged fake encounter on February 6, 2016, at a hotel near the Chhatrapati Shivaji Maharaj International Airport.

Pahuja had applied for bail on the ground that she had been incarcerated for around seven years and as there were 171 witnesses to be examined the likelihood of the trial coming to an end soon was unlikely. The HC accepted the contentions and granted her bail with conditions.

The single judge bench of justice PD Naik which was hearing the bail application filed by Pahuja for the third time was informed by advocate Sana Raees Khan that Pahuja was only 18 years old when she was arrested and put behind bars in 2016.

Thereafter she had applied for bail on two occasions but the same was rejected on merits.

The bench was further informed that though the trial had commenced in the case in 2020, there were almost 171 witnesses that the prosecution intended to examine to prove Pahuja’s complicity in the alleged fake encounter. The bench was further informed that as she had been in custody for six years and eleven months and the trial was not likely to conclude anytime soon, it affected the fundamental rights of the applicant and hence should be released on bail.

Khan further submitted that though there was an application seeking a speedy trial it was not considered by the sessions court. The bench was informed that even if the prosecution examined half of the witnesses, it was not possible for the trial to conclude anytime soon as only one witness had been examined since the trial commenced.

However special public prosecutor Amin Solkar opposed the application and stated that the allegations were serious in nature and that if the applicant was granted bail, she could influence the witnesses. Solkar further added that the trial was being delayed as the accused kept on filing one application after another which was leading to the inadvertent delay in the trial.

Khan refuted the submissions of Solkar and referred to the roznama of the trial court which showed that applications moved by the applicant had been withdrawn on the same day so that there was no delay in the trial.

After hearing the submissions, the bench while granting bail noted in its order, “The applicant is a lady and she is in custody almost for a period about seven years and there is no likelihood of trial getting over within a short span of time. At the time of the incident, the applicant was aged around 18 years. Considering all factual aspects, applicants can be granted bail on certain conditions.”

The bench directed Pahuja to furnish her permanent address to the trial court and attend the police station where she resides once a month. The bench also restrained her from travelling outside India without permission of the trial court and tampering with the evidence.

Sandeep Gadoli, a dreaded gangster from Gurgaon was charged with a string of murders and had kept the police on their toes for over two decades. He was seriously injured in a shootout in Mumbai on February 6, 2016. Gadoli opened fire at two Gurgaon Police constables when they arrived at a hotel in Mumbai’s Andheri around 11 am to arrest him. Gadoli carried a cash reward of ₹1.25 lakh and was wanted in connection with several murders, including the killing of municipal councillor Binder Gujjar’s driver in October 2015. Gadoli had 36 cases registered against him. His aide, Sonu, was arrested in Mumbai in 2015 for sexually harassing a model in Bandra.