The Allahabad High Court granted bail on Wednesday to BSP legislator Shekhar Tiwari’s wife Vibha, a co-accused in the December 2008 murder of PWD engineer Manoj Kumar Gupta in Auraiya.

Justice S K Tripathi took cognisance of the fact that Vibha was not named in the original FIR. Moreover, removal of evidence under Section 201 of the IPC, which is mentioned in the chargesheet, is a bailable offence.

“The statement given to the police by Gupta’s widow Shashi on January 19 had become the focal point that finally led to the granting of the bail,” said Vibha’s advocate Dilip Kumar.

In her statement, Shashi had reportedly stated that Vibha had come to her flat on the night of the incident. She had heard Vibha rebuking the persons who assaulted Gupta and also asked them to take him to the hospital immediately, added Kumar.

“When Vibha was instrumental in taking Manoj to hospital, how would she be involved in the murder? Secondly, Shashi did not mention this fact in her FIR. Nor did the police mention this in the chargesheet submitted against Shekhar Tiwari and five others on January 3,” said the advocate.

Suddenly on January 3, after submitting the chargesheet, ASP Sureeshwar Mishra issued a notice to Vibha asking her to cooperate in the investigation and included her name in the case, he added.

It has been alleged that Mishra turned vindictive after a verbal spat with Shekhar Tiwari before Gupta’s murder. At the time of the incident, Tiwari had sent a written complaint to the government against Mishra and an inquiry was in progress. “Mishra deliberately wanted to frame Vibha to take revenge,” the advocate told the court.