Accused Diya moves bail plea, says was unaware of incident

Says she was in a delicate mental and physical condition around the time of crime

An accused in the Jhanvi Kukreja murder case, 18year-old Diya Padalkar, has filed bail application before a sessions court on Wednesday. In the bail plea, she said that she was in a “delicate mental and physical condition” around the time of alleged offence, which negates her presence and involvement in it.

Her plea referred to witness statements that indicate that she was in the bedroom or bathroom of a flat where she had gone after feeling dizzy and suffering an injury on the face after a fall, while Jhanvi was in the terrace and adjoining areas, alive and said that this disproves the prosecution story of her violent attack on Jhanvi, calling it a “fabricated” one to implicate her.

It said she was feeling unwell, dizzy and pukish and was climbing down the stairs of Bhagwati Heights to use the washroom of the party host's flat. She lost her balance, got severely hurt on the lip portion and her friends assisted her to the washroom.

One of her friends informed her father Sameer Padalkar, who joined them at Hinduja Hospital where she was taken. The plea filed through advocate Ashok Mishra annexed the medical treatment papers of the hospital.

“Applicant herself was injured and hospitalised by her friends and father having no knowledge about the alleged accident, which is substantial proof showing her innocence and also thereby clearly showing that the Applicant did not even have the knowledge about the alleged offence,” her plea stated.

The application further said that she came to know about the death of Jhanvi from a police inspector while being treated at Hinduja hospital.

She also stated that after reaching the party, co-accused Shree Jogdhankar and Jhanvi stayed separate from her while she was mingling with other friends.

Advocate Trivankumar Karnani appearing for Jhanvi’s mother said they will file an intervention application and oppose the plea as granting bail at this stage of ongoing investigation could lead to tampering of witnesses and evidence.

The bail application said that she came to know about the death of Jhanvi from a police inspector while being treated at Hinduja Hospital