The Bench, comprising Justice Abhay S. Oka and Justice Augustine George Masih, noted that the appellant’s involvement was limited to being in contact with the primary accused and providing them legal aid.
![[Hindu Samaj Party Leader Kamlesh Tiwari Murder Case] SC Grants Bail To Accused Syed Asim Ali](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/07/image-2024-07-16T183438.870.png?resize=820%2C431&ssl=1)
NEW DELHI: Today (25th July): The Supreme Court has granted bail to one of the alleged conspirators in the 2019 murder of Hindu Samaj Party leader Kamlesh Tiwari, despite the Allahabad High Court dismissing the initial application, citing “extreme communal hatred.”
The Bench, comprising Justice Abhay S. Oka and Justice Augustine George Masih, noted that the appellant’s involvement was limited to being in contact with the primary accused and providing them legal aid.
The Court highlighted that there were no other antecedents against the appellant aside from the current charges under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, thus justifying bail.
Senior Advocate Siddhartha Dave represented the petitioner, while AOR Shaurya Sahay and Advocate Aditiya Kumar appeared for the respondent. The bail petition followed the Allahabad High Court’s rejection. The accused faced charges under Sections 302 and 120B of the Indian Penal Code, 1860, and Section 66 of the Information Technology Act, 2000.
The Court also considered that the accused had been arrested for over four and a half years, 16 out of 25 prosecution witnesses had testified, and 8 out of 13 accused were already granted bail.
The High Court had termed it a case of extreme communal hatred, highlighting that in 2016, two accused had issued a bounty for Tiwari’s death due to his comments on a religious figure.
The FIR, lodged by Tiwari’s wife, mentioned two unknown assailants attacking Tiwari in his office, resulting in his death from multiple stab and firearm injuries. A detailed investigation led to identifying the assailants and a broader conspiracy, with a charge sheet filed against 13 individuals.
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The High Court denied bail based on seven points, including the brutal nature of the murder, substantial evidence of the appellant’s involvement in the conspiracy, and concerns over witness influence.
The Supreme Court, considering these aspects, allowed the appeal and granted bail to the accused.
Case Title: Syed Asim Ali v. The State of Uttar Pradesh
