Supreme Court Issues Notice In Plea Challenging Bail Granted To One Accused In Tailor Kanhaiya Lal Murder Case

The Supreme Court on Monday (November 11) issued notice in a plea challenging bail granted to Mohammed Javed, one of the accused in the 2022 beheading case of Udaipur tailor Kanhaiya Lal.

A bench of Justice MM Sundresh and Justice Aravind Kumar issued notice in the petition filed by Kanhaiya Lal's son, Yash Teli.

The petition challenges the Rajasthan High Court's decision to grant bail to Javed in September 2024, based on the court's assessment that prima facie evidence did not suggest Javed's involvement in a conspiracy with the two main accused in the case.

“the Hon'ble High Court failed to appreciate the fact that the accused used sharp weapons to commit the murder through repeated wounds and later shared a video of the act on social media, further issuing threats to behead others including the Prime Minister and respondent no. 2 herein was played important role in executing the plan who informed the whereabouts of the deceased. That the objective of respondent no. 2 was to fuel hatred, division and animosity among communities. C. Because the accused while killing the deceased shouted communal slogans. That the murder was committed in a communally surcharged atmosphere across the country”, the plea states.

According to the prosecution, Javed had met with the main accused at a tea stall the day before the murder, and call logs show multiple calls exchanged between Javed and the main accused. Javed allegedly shared the deceased's location with the main accused, facilitating the crime.

The petitioner, Yash Teli, submitted that the High Court's decision to grant bail to Javed lacked a proper examination of relevant facts and the requirements under Section 43D(5) of the Unlawful Activities (Prevention) Act (UAPA), which imposes stringent conditions for bail in cases with terror-related charges.

The petition argues that the High Court failed to appreciate testimonies and evidence gathered during the investigation that allegedly point toward Javed's involvement.

The petition highlights allegations that Javed was involved in the planning and execution of the crime, based on witness statements and call records.

The petition claims that the murder was committed with a communal intent to instill fear and division among communities. The petition also references the Supreme Court's prior decision in National Investigating Agency v. Zahoor Ahmad Shah Watali, which emphasizes restrictive bail standards under the UAPA.

In his petition, Teli asserts that Javed's involvement is prima facie evident in witness statements and the NIA chargesheet. Specifically, statements under Sections 161 and 164 of the CrPC are cited to argue that a prima facie case is made out against Javed. The petition claims that the High Court, by scrutinizing the evidence at this stage, conducted a “mini-trial” instead of a preliminary assessment of whether bail was appropriate.

The petition asserts that serious charges require careful consideration of the nature of the crime, its communal impact, and the punishment likely to result from a conviction.

The petition seeks interim relief of a stay on the High Court's bail order to ensure that Javed remains in custody, pending a final decision from the Supreme Court.

The High Court's September order was passed by a division bench of Justice Praveer Bhatnagar and Justice Pankaj Bhandari granting bail to Javed. The court found insufficient evidence to substantiate the prosecution's claim that Javed conspired with the main accused. It noted a lack of corroborative CCTV footage and conflicting tower location data that did not place Javed and the primary accused at the tea stall as alleged. The High Court also referenced Javed's age, his two-year incarceration without a criminal record, and the extended duration of the pending trial as considerations in its decision to grant bail.

The petition was filed through AoR Namit Saxena.

Case no. – Diary No. 51253-2024

Case Title – Yash Teli v. NIA New Delhi and Anr.