The Delhi High Court has granted regular bail to two individuals implicated in the murder of Dr Yogesh Chander Paul, which occurred in Jungpura in May 2024. The accused, Himanshu Joshi and his maid, Basanti, are alleged to have conspired in the crime, which involved the doctor’s murder and the subsequent looting of his residence. Following the incident, a First Information Report (FIR) was filed at the Hazrat Nizamuddin Police Station.

In a related incident in the same area, an elderly woman named Priti Kumar was reportedly murdered, and her home was also ransacked, raising concerns about safety in the locality. The prosecution posited that both Himanshu and Basanti were integral to a larger conspiracy concerning these crimes.

Details of the Judicial Proceedings

On August 19, 2024, Justice Purushaindra Kumar Kaurav granted bail to both accused after considering their lengthy pre-trial detention, which exceeded two years. Notably, only one of the 46 witnesses listed by the prosecution has been examined, indicating that the trial may not conclude in the immediate future. Justice Kaurav noted, “The trial is at the stage of prosecution evidence, and only one out of the total 46 prosecution witnesses have been examined so far,” emphasising the delay in the proceedings.

The judge further commented that there was insufficient evidence to justify any delays in the trial due to the accused. Taking into account the nature of the offence and the fact that the case primarily relies on circumstantial evidence, Justice Kaurav determined that the accused were entitled to bail.

The prosecution’s argument against bail rested on allegations that both accused were part of a conspiracy. However, the accused maintained their innocence, with Himanshu’s counsel arguing that he was in Haridwar at the time of the murder, as per the prosecution’s own timeline.

Arguments from the Defence and Prosecution

The defence highlighted that the entire case against the accused was based on circumstantial evidence and that no physical recovery linked them to the crime scene. Advocate Akshay Bhandari, representing Himanshu Joshi, asserted that his client was improperly implicated, pointing out that he had been in Haridwar on the date of the incident, which the prosecution had acknowledged.

In addition, the defence for Basanti argued her long-standing service as a maid for the deceased’s family over the past 25 years. The counsel contended that her mere employment should not be grounds for her involvement in the alleged conspiracy, claiming there was no concrete evidence to link her to a criminal intent.

Conversely, the Additional Public Prosecutor (APP), Shoaib Haider, opposed the bail motions, arguing that strong circumstantial evidence supports the prosecution’s case. He highlighted the call details implicating Himanshu and CCTV footage from May 5, 2024, which allegedly demonstrated his involvement in the crime.

Moreover, the prosecution suggested that Basanti facilitated the crime by sharing confidential information about the deceased with co-accused Varsha. Despite the lack of a prior criminal record for Basanti, the prosecution contended that her position as a trusted maid placed her at the centre of the alleged conspiracy.

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