Kamlesh Tiwari Murder Case : Supreme Court Grants Bail To Alleged Conspirator

The Bench of Justices Abhay S Oka and Augustine George Masih observed that the accused has already been incarcerated for more than 4½ years. Apart from this, the Bench also took into account the allegations imputed against the appellant-accused. This involved staying in touch with the main accused and providing him with legal aid. Further, the Court noted that he had no criminal antecedents and the U.P. Gangsters and AntiSocial Activities (Prevention) Act, 1986 Act was not invoked against him.

Taking note of these considerations, the Court granted him bail while also setting aside the impugned order of the Allahabad High Court that denied him bail this April.

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.

The Single judge bench of the High Court had denied him bail, observing that it was a case of "extreme communal hatred" wherein the deceased (Tiwari) was eliminated by way of a "brutal daylight murder".

In its order, the Court has noted that there is substantial evidence that the applicant-accused was involved in crime and was part of a larger conspiracy and a specific role was assigned to him to give legal assistance to the main assailants if they got arrested.

The court also noted that electronic evidence shows that the applicant had called multiple times to the main assailants soon before the occurrence.

Considering the seriousness of the crime as well as the reasonable apprehension of the witnesses being influenced, the Court denied bail to the present appellant.

Case title: Syed Asim Ali vs. State of U.P 2024., CRIMINAL APPEAL NO.3012 OF 2024

Click here to read the order