Extreme Communal Hatred Leads to Brutal Daylight Murder; Larger Conspiracy Unveiled in Bail Rejection: Allahabad High Court

In a significant ruling by the Allahabad High Court, the bail application of Syed Asim Ali, accused in a case involving extreme communal hatred and murder, has been rejected. Justice Saurabh Shyam Shamshery, presiding over the matter, observed, “It is a case where the deceased was subjected to extreme communal hatred and was eliminated by way of a brutal daylight murder.”

Legal Point of Judgment: The case centered on the bail plea of Syed Asim Ali in connection with a heinous crime under Sections 302, 120B of the Indian Penal Code (IPC) and Section 66 of the Information Technology Act. The court’s decision was heavily influenced by the nature of the crime and the applicant’s role in the larger conspiracy.

Facts and Issues: The crime, dating back to 2016, involved the murder of an individual allegedly over comments made regarding the Paigamber of a particular religion. Two main assailants, motivated by communal hatred, were said to have been offered significant financial rewards for the execution of the crime. The applicant, Syed Asim Ali, was accused of providing legal aid to these main assailants.

The court considered various factors in its assessment, including the nature and gravity of the accusation, the severity of the punishment, and the possibility of influencing witnesses. Justice Shamshery cited several Supreme Court rulings to emphasize the principles guiding bail decisions.

Role in Conspiracy: The court noted substantial evidence of the applicant’s involvement in the larger conspiracy and his specific role in providing legal assistance to the main assailants.

Nature of Crime: Observing the brutal nature of the murder, including multiple stab wounds and a firearm injury, the court emphasized the severity of the crime.

Electronic Evidence: There was significant electronic evidence, including call details that showed the applicant’s active communication with the assailants before the murder.

Witness Influence: The court expressed concern about the potential influence on witnesses, given the nature of the assault and the larger conspiracy.

Decision: In light of these findings, the bail application was rejected. However, the court directed the trial court to expedite the trial, keeping in mind that the applicant had been in jail since October 2019.

Date of Decision: April 3, 2024

Syed Asim Ali vs State of U.P.