Hindu Leader Kamlesh Tiwari Murder | 'Case Of Extreme Communal Hatred': Allahabad HC Denies Bail To Alleged Conspirator

The Allahabad High Court has DENIED BAIL to a man accused of conspiring to kill Hindu Samaj Party leader Kamlesh Tiwari over his alleged remark made against Prophet Muhammad.

Observing that it is a case of "extreme communal hatred" wherein the deceased (Tiwari) was eliminated by way of a "brutal daylight murder", a bench of Justice Saurabh Shyam Shamshery denied bail to alleged conspirator Syed Asim Ali.

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 there is electronic evidence to the effect that the applicant had called multiple times to main assailants soon before the occurrence. 

Against this backdrop, considering the seriousness of the crime as well as the reasonable apprehension of the witnesses being influenced, the Court denied bail to the accused.

However, noting the fact that he is in jail since October 2019, the HC directed the Trial Court concerned to follow the direction passed by this Court to expedite trial within a period of one year.

Kamlesh Tiwari was murdered in Lucknow in October 2019 with stabs and a gun shot. 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 charge sheet was filed against 13 accused persons including applicant before this Court. According to the post-mortem report, the deceased sustained multiple stab wounds, including a slit throat, as well as a firearm injury.

Case title - Syed Asim Ali vs. State of U.P 2024 LiveLaw (AB) 226

Citation: 2024 LiveLaw (AB) 226

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