Additional Sessions Judge Naresh Kumar Malhotra dismissed the bail plea of doctor Ashok Kumar Yadav, saying no ground was made out to grant him the relief and the two juveniles, apprehended in the case, have already been convicted by the Juvenile Justice Board (JJB).
The court noted that Yadav's bail application was earlier dismissed in December 15, 2015 after which he approached the Delhi High Court from where he withdrew his plea.
"Taking into consideration that there are serious allegations against the applicant, mobile phone of the victim was recovered from the possession of the applicant and the FSL (forensic) result have confirmed the voice sample i.e. the voice of the applicant.
"Taking into consideration that both the juveniles in conflict with the law (JCLs) have already been convicted by the JJB, no ground is made out to grant bail to the applicant and the bail application is hereby dismissed," the judge said.
According to the police, Yadav was the main conspirator behind the attack on the 30-year-old senior resident doctor. The woman has told the court in her statement that on December 23, 2014, when she reached Rajouri Garden market, two bike-borne persons came from behind and took away her bag and threw some chemical on her face.
Noting that she and Yadav were good friends and both were working in the same government hospital here, she had also deposed that Yadav had proposed her for marriage which she had refused, following which his behaviour towards her changed.
Yadav had sought bail saying the prosecution's case was not maintainable and the evidence relied upon was inadmissible. He had also claimed that his confession was taken forcibly by the police.
He said he had completed medical studies in Russia and served in ESI Hospital and Tihar Jail. The police, however, opposed his bail plea by relying on the testimony of the victim and that the two juveniles have already been convicted in the case by JJB.
Yadav's friend and co-accused Vibhav Kumar had introduced him to the two juveniles who had executed the acid attack, it said, adding that Yadav had helped the juveniles to procure acid from a dealer in Ashok Vihar and used his influence as a doctor to get them a syringe to be used in the attack.
The court has framed charges against Yadav and Kumar under various provisions of the IPC including sections 326A (causing hurt by use of acid), 120B(criminal conspiracy), 392 (punishment for robbery) and 397 (robbery or dacoity with an attempt to cause grievous hurt).