The special MCOCA judge S M Modak, who granted bail to journalist Jigna Vora in J Dey murder case last week, has said in his order that evidence produced by the prosecution against her was not enough to keep her in jail.
Significantly, the judge remarked that "even the statements of the witnesses stating how desperately this accused was trying to contact Chhota Rajan are concerned, if the period mentioned in those statements is considered, that will fall short in support of allegation of transgressing her limits as journalist".
The forensic reports do not support the allegation that Vora sent any information about
Dey, a fellow scribe, to Rajan, the court said.
Though the result of forensic analysis was awaited, considering the time lapsed after seizure of her phones, the court was not inclined to reject the bail application on that ground alone, the judge said. "Sufficient time was there at the disposal of the prosecution," said judge.
The court also said that the mere fact that Vora was not in town at the time of Dey's murder (June 11, 2011), that could not be said to be an incriminating circumstance.
Vora, the deputy Chief of Bureau of a city-based English newspaper, was arrested on November 25 last year.
Police's theory is that fugitive gangster Chhota Rajan ordered Dey's murder because he was upset with certain articles written by the senior journalist.
Vora is accused of passing on key information such the registration number of Dey's motorcycle and his address to
The court also noted that Dey and Vora belonged to the same profession. "The incident of sending SMS -- "Whether you are treating yourself as so clever" -- cannot be isolatedly considered as material unless corroborated by other materials," observed the court.
"The prosecution has not produced on record the exact data sent by Vora to Rajan. There is no material either in the form of recording of statement or any other material thereby stating that they (witnesses) have seen Vora sending the information to
Rajan," the bail order said.
As per the intercepted communication, Rajan told a witness that "many persons are against
Dey, and Vora again and again said that Dey is gaddar (traitor)". Referring to this, the judge said that the gangster had not talked about receiving any information from Vora in this conversation.
The court also said that it was not inclined to accept the disclosures made by two witnesses about Vora's role as a conspirator at this stage.
As per the police chargesheet, Vohra instigated the underworld don to kill Dey owing to her professional rivalry with him.
`No Evidence to Suggest Jigna Violated Limits as Scribe'
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