New Delhi, Nov 23 The Delhi High Court has granted bail to a murder accused, Naveen Uppar alias Sunny, who had entered into a suicide pact with the woman victim.
Justice Vikas Mahajan found merit in the argument that the deceased may have partaken in a consensual romantic relationship with the accused and willingly entered into the suicide pact.
The court noted the forensic report indicating that the accused's country-made pistol was in normal working order, but the cartridge recovered did not fire.
Taking into account an audio recording transcript where the accused and the victim expressed love for each other, the court noted contradictions in the prosecution's version, which claimed the accused killed the victim after she refused to leave him.
The police received information in 2016 that the accused was attempting suicide, leading to the discovery of the woman's death in a car.
The investigation revealed a long-standing relationship between the accused and the victim, who were both married to other individuals.
The court rejected the prosecution's theory of financial disputes and pointed out the cordial relationship between the accused and the victim's families.
Out of 64 witnesses, only 24 had been examined in the last seven years, prompting the court to consider the prolonged trial period and the lack of useful purpose served by keeping the accused in custody.
While acknowledging that the accused might not be ultimately found guilty, the court granted bail and said: "It would indeed be a travesty of justice to keep the petitioner in jail for an indefinite period for an offence which may ultimately be found not to have been committed by him, especially when there is material on record which has the prospect of probabilising the defence of the petitioner."
The bail plea was allowed.
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