The Supreme Court on Friday refused to entertain the bail plea of Vikas Yadav, the prime accused in the Nitish Katara murder case.
A bench comprising Justices K G Balakrishnan and D K Jain refused to accept the plea of Yadav that he was entitled to bail in view of Bharti's deposition before a trial judge.
With the apex court unrelenting on its stance, Yadav's counsel withdrew the petition and agreed to move the high court again.
The court granted permission to move a fresh bail application before the high court.
Vikas Yadav, the son of politician D P Yadav, and his cousin Vishal Yadav are the prime accused in the killing of Nitish Katara, who they allegedly kidnapped and killed in February 2002.
It is alleged that they did not like Katara's relationship with sister Bharti Yadav.
Bharti Yadav, the key witness in the case, on Thursday concluded her deposition in a local court. Her lawyer claimed that she has denied having any affair with Katara, while the prosecution indicated she has turned hostile.