Kamlesh Tiwari Murder Case | Allahabad HC Grants Bail To Alleged Conspirator In Jail Since October 2019

The Allahabad High Court recently granted bail to a man, in jail since October 2019, who allegedly conspired to kill Hindu Samaj Party leader Kamlesh Tiwari in 2019 over his alleged remark made against Prophet Muhammad.

Granting bail to Accused-Pathan Rashid Ahmad, a bench of Justice Ajay Bhanot noted that he has no criminal history apart from the instant case and that he always cooperated with the investigation and undertook to join the trial proceedings. The court also noted that there is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

Ahmad had moved the instant second bail, contending that he had not identified either of the two principal offenders in the videos who committed the murder. It was also argued that he did not upload any provocative messages or messages, including religious hatred or inciting violence, on social media.

Importantly, it was also submitted that the only implicatory piece of evidence is the statement of co-accused made before the police authorities while in the custody of the latter, however, the said statement insofar as it implicates the applicant is not admissible in evidence. 

Considering these submissions, the single judge granted him bail.

In 2021, the Supreme Court had transferred the trial of the case from Lucknow to Prayagraj.

Kamlesh Tiwari was murdered in Lucknow in October 2019 with stabs and a gunshot. According to the Uttar Pradesh Police, in 2016, two main suspects, Mohammad Mufti Naeem Kazmi and Imam Maulana Anwarul Haq, allegedly issued an order (Ferman) promising a significant sum of money - Rs. 51 lakhs and Rs. 1.5 crores respectively - to anyone who would cause the death of Tiwari who purportedly made derogatory remarks about the Prophet.

According to a detailed investigation, not only two assailants were identified, but a large conspiracy was also detected, and finally, a charge sheet was filed against 13 accused persons, including the applicant. According to the post-mortem report, the deceased sustained multiple stab wounds, including a slit throat, as well as a firearm injury.

Appearances

Counsel for Applicant: Basharat Ali Khan,Sahibe Alam,Saqib Meezan

Counsel for Opposite Party: AGA Pankaj Kumar, Manoj Kumar Tewari 

Case title - Pathan Rashid Ahmad vs. State of U.P.

Case citation : 

Click Here To Read/Download Order