AHMEDABAD, MAY 4: Nilesh Jadeja, who was arrested in connection with the kidnap of Ruchi Chavda, has been sent to Sabarmati Central Jail after his 14-day remand period expired on Sunday.Meanwhile, Gandhinagar Additional Sessions Judge B S Parikh has adjourned the final hearing of Daxa Shukla's bail application on May 5 and has extended the bail of Kunal Shukla till final disposal of the case.
Appearing on behalf of the Central Bureau of Investigation, the public prosecutor contended that Daxa's bail plea should not be granted as she would be required to gather clues on basis of the statements of Nilesh Jadeja recorded by the CBI.
Jadeja had earlier told the CBI that he had been paid Rs 15,000 by Daxa Shukla to kidnap Ruchi Chavda so that one of her ears could be sacrificed in a religious ceremony.
However, R R Shukla and Rajesh Modi, appearing on behalf of Daxa and Kunal Shukla, contended that the affidavit filed by the CBI officers was false and the clause that Daxa had confessed before the CBI wasbaseless as she herself had refuted such claims. Only in the case of a dying declaration, they said, would the statements made earlier hold true.
Shukla and Modi also contended that the CBI, after nearly 15 days of investigation, was yet to name Daxa Shukla or even Kunal Shukla in the first information report. In fact, they said, no one had been named in the FIR as the accused. They also submitted that the CBI had not said in court that Daxa would abscond if released on bail. They said on basis of the right to equality, the court should release Daxa Shukla on bail.
The two contended that, according to Article 21 of the Constitution, the arrest before remand and the actual punishment should be for a short duration and the accused should not be kept in judicial custody for too long. They further contended that Daxa had a mother who was suffering from paralysis and she (Daxa) was the only family member who could look after her.
Kunal, they said, was a young college student who, while out on bail, had nottampered with the records. Living with hardened criminals, they said, could have an adverse and long-lasting effect on him. The two contended that Daxa had been named in the case as the police wanted to tarnish her reputation.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.