Allahabad HC Rejects Bail Plea Of Karwariya Brothers Convicted In Jawahar Yadav Murder Case

The Allahabad High Court has rejected the bail applications of Surya Bhan Karwariya, Kapil Muni Karwariya and Uday Bhan Karwariya convicted in the 1986 Jawahar Yadav murder case.

“…considering the gravity of offence and evidence on record, we do not find this case fit for bail, therefore, the bail applications of the appellants are rejected”, the bench of Justice Salil Kumar Rai and Justice Arun Kumar Singh Deshwal held.

As per prosecution case, Jawahar Yadav, an ex-MLA, was murdered by the Karwariya Brothers. The Police after conducting investigation, submitted charge sheet against the appellants under Section 147, 148, 149, 302, 307, 34 I.P.C. and 7 Criminal Law Amendment Act. The Sessions Judge, after considering 18 prosecution witnesses as well as 156 defence witnesses and on perusal of record, convicted all the appellants.

The Counsel for the appellants submitted that Sessions Judge, while passing the conviction order, had failed to consider the serious inconsistency in the statements of prosecution witnesses and the prosecution failed to prove its case against the appellants beyond reasonable doubt.

It was also argued that the plea of alibi of the appellants was not considered though they had produced witnesses in support thereof that they were present at some other place at the time of the incident. To that end the Court held “…once the incident is proved by the eye- witnesses and the defence could not impeach the credibility of the eye- witnesses during cross-examination, therefore, the plea of alibi cannot be accepted.”

Advocate Bhuwan Raj appeared for the appellants whereas Advocate Abhishek Kumar Yadav appeared for Respondent.

The Court also rejected the contention of the appellants that they are in jail for more than eight years and suffering from various diseases , hence are entitled to be released on bail in view of the judgement of Kushal Singh Vs. State of U.P.

Cause Title- Ramchandra Tripathi v. State of UP with connected matters

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