The Allahabad High Court, in a recent ruling, denied bail to Syed Asim Ali, who stands accused in the conspiracy to assassinate Hindu Samaj Party leader Kamlesh Tiwari due to purported derogatory comments against Prophet Muhammad.
The single-headed bench of Justice Saurabh Shyam Shamshery, presiding over the bench, characterized the case as driven by intense communal animosity, ultimately resulting in the vicious daylight killing of Tiwari.
On October 18, 2019, two individuals, identified as Asfaq and Moinuddin, meticulously executed a premeditated plan by entering Kamlesh Tiwari's residence in Lucknow's Khursheed Bagh neighborhood. In a brazen act committed in broad daylight, they gruesomely murdered Tiwari by slashing his throat and firing shots at him. During the court proceedings, it was revealed that in 2016, the two primary suspects named in the First Information Report (FIR), Mohammed Mufti Naeem Kazmi and Imam Maulana Anwarul Haq, had issued a decree (Ferman) offering a reward of Rs. 51 lakhs and Rs. 1.5 crores, respectively to anyone responsible for Tiwari's demise.
During the investigation, the police uncovered a significant conspiracy and subsequently filed a charge sheet against 13 individuals, among them Ali. In seeking relief before the high court, Ali's legal representative argued that he was not the principal perpetrator. According to the prosecution's strongest evidence, Ali had solely made numerous telephone calls to the main assailants. These assailants, as per their confessional statements, purportedly tasked Ali with providing them legal assistance in the event of their arrest.
The court, however, expressed its view that there existed significant evidence implicating Ali in the crime, indicating his involvement in a broader conspiracy. Furthermore, the court highlighted the reasonable concern that witnesses could be influenced if Ali were to be released, given the nature of the attack and the larger conspiracy involved in the case. Consequently, the court dismissed Ali's plea for bail.
However, taking into account that Ali had been incarcerated since October 2019, the court directed the trial court to adhere to previous directives to expedite the trial process. Additionally, the court ruled that if the trial is not completed within one year, Ali would be eligible to submit a new bail application.
Case Title: Syed Asim Ali v. State of U.P.
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