In a significant development in a high-profile murder case that shook Greater Noida, the Allahabad High Court has granted bail to Rohit Bhati, the brother-in-law of Nikki Bhati, a 28-year-old woman who was allegedly set on fire and killed by her husband and in-laws last year.
The Court's Decision and Bail Conditions
On Wednesday, Justice Krishan Pahal of the Allahabad High Court approved the bail application of Rohit Bhati. The court observed that a prima facie case for bail was established, although it explicitly refrained from making any comments regarding the merits of the ongoing murder trial. Rohit Bhati has been directed to furnish a personal bond along with two sureties. The court imposed strict conditions, including a mandate not to tamper with evidence, not to intimidate any witnesses for the prosecution, and to appear before the trial court on all scheduled dates without fail.
Background of the Tragic Incident and Charges
The case dates back to August 21 of last year. Nikki Bhati, a resident of Sirsa in Greater Noida, was allegedly attacked inside her in-laws' home in Kasna. According to the police chargesheet, she was held down while an inflammable thinner was poured over her before she was set ablaze. She succumbed to her injuries the same day while being transferred from a Greater Noida hospital to one in Delhi.
Police arrested four individuals, including Nikki's husband Vipin, her parents-in-law Daya and Satveer, and her brother-in-law Rohit Bhati. Rohit has been in judicial custody since August 25. In November, the police filed a voluminous 500-page chargesheet, naming all four as alleged conspirators. The case is being prosecuted under sections of the Bharatiya Nyaya Sanhita (BNS) for murder, voluntarily causing hurt, and criminal conspiracy.
The chargesheet paints a picture of a "meticulously planned" assault, alleging that the accused coordinated their movements, staged appearances before CCTV cameras to fabricate alibis, and later attempted to frame the incident as a tragic kitchen accident.
The Legal Arguments For and Against Bail
This was Rohit Bhati's third attempt at securing bail. Earlier, in September, a chief judicial magistrate had rejected bail for all four accused. In December, a sessions court in Greater Noida also denied him bail, citing the "grave" nature of the accusations and stating his alleged role in the conspiracy could not be discounted at that stage. While the other three accused remain in judicial custody without seeking fresh bail, only Rohit approached the High Court.
Arguing for bail, his legal team, led by senior advocate Gaurav Kakkar and advocate Anupam Dubey, contended that Rohit was "absolutely innocent." They highlighted that the First Information Report (FIR) contained only general allegations against him. A crucial point in their argument was that the statement of Nikki's young son, recorded during the investigation, did not place Rohit at the crime scene. They also emphasized his lack of prior criminal record and his willingness to cooperate fully with the trial.
Advocate Amit Bhati ‘Bodaki’, who filed the bail application, presented an alibi. He stated that Rohit was on duty at the Sirsa toll plaza on the day of the incident and had accompanied the toll manager to Omicron that evening. "His mobile location, CCTV footage from the hospital, and doctor testimonies all indicate he was not at the house when it happened," the advocate argued, adding that even the deceased's initial statement to medical staff mentioned a kitchen fire, not an assault.
The prosecution, however, strongly opposed the bail plea. The counsel argued that the FIR in the case was lodged by the applicant's own wife, which, in their view, left little room for a theory of false implication.
In its order, the High Court noted, "Considering the facts and circumstances... and taking into consideration the fact that the son of the deceased person has not named the applicant in his statement... prima facie the court is of the view that the applicant has made out a case for bail." Advocate Amit Bhati informed that they have now also applied for bail for the other three accused—Vipin, Satveer, and Daya—before the High Court.
