Supreme Court grants bail to alleged conspirator in the murder of Hindu Samaj Party Leader Kamlesh Tiwari

Recently, the Supreme Court (SC) bench of Justice Abhay S Oka and Justice Augustine George Masih granted bail to one of the alleged conspirators behind the murder of Hindu Samaj Party Leader Kamlesh Tiwari. The SC bench set aside the impugned order of the Allahabad High Court denying him bail in April 2024, on the ground that it was a case of ‘extreme communal hatred’. While granting him bail, the bench observed that he (the accused) has undergone incarceration for a period of more than 4½ years. It also pointed out, “One of the allegations against the appellant is that he was always in touch with the accused who actually participated in the incident. Another allegation is that his job was to provide legal aid to the accused. There are no other antecedents in the sense that based on the present case, the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 Act has been invoked against him. Hence, a case is made out for enlarging the appellant on bail.” Furthermore, the SC in its order stated that “the appellant shall be produced before the Trial Court within a maximum period of one week from today. The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions including the condition of regularly attending the Trial Court and cooperating with the Trial Court for an early disposal of the case.” Earlier this year, the Allahabad High Court denied him bail and illustrated various reasons for the same as listed below:

• “It is a case where deceased was subjected to extreme communal hatred and was eliminated by way of a brutal daylight murder. 
• Not only multiple stabbed wounds were inflicted but deceased throat was also cut and there was a firearm injury also. 
• There is substantial evidence that applicant was involved in crime and was part of a larger conspiracy and specific role was assigned to him to give legal assistance to main assailants if they got arrested. 
• There is electronic evidence to the effect that applicant has called multiple times to main assailants soon before occurrence. 
• The main assailants were identified by two witnesses. 
• Considering the manner of assault and larger conspiracy there is reasonable apprehension of the witnesses being influenced. 
• There are directions passed by this Court to expedite the trial and according to record out of proposed 35 witnesses, 7 have been examined.”

After hearing the learned senior counsel appearing for the appellant, Senior Advocate Siddhartha Dave, AOR Prastut Mahesh Dalvi, and Advocate Vidhi Pankaj Thaker, and the learned counsel appearing for the respondent-State, AOR Shaurya Sahay and Advocate Aditiya Kumar, the Supreme Court bench granted him bail.