Prabhakar Tiwari vs State of UP - Case Analysis
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Case Overview |
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Case Title |
Prabhakar Tiwari vs State of UP |
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Case No. |
Criminal Appeal no. 153 of 2020 |
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Jurisdiction |
Criminal Appellate Jurisdiction |
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Date of the Judgment |
24th January 2020 |
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Bench |
Justice Aniruddha Bose and Justice Deepak Gupta |
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Petitioner |
Prabhakar Tiwari |
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Respondent |
State of Uttar Pradesh |
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Provisions Involved |
Section 161 of the Criminal Procedure Code, 1973, Section 302 of the Indian Penal Code, 1860. |
Introduction of Prabhakar Tiwari vs State of UP
The case of Prabhakar Tiwari vs State of UP revolves around the criminal appeal filed against the orders of the High Court that granted bail to the accused, Vikram Singh and Malkhan Singh. The appeal was filed by Prabhakar Tiwari, the son of the deceased victim, Purushottam Dutt Tiwari who was shot dead. The incident marked by allegations of conspiracy and grave criminal intent raised critical questions about the legal standards for granting bail, particularly in cases involving serious charges. The examination by the Supreme Court of this case provided valuable insights into the application of discretion by the judiciary in bail matters.
Historical Context and Facts of Prabhakar Tiwari vs State of UP
The case at hand arises from a criminal appeal concerning two orders by the High Court which granted bail to accused persons namely, Vikram Singh alias Vikki and Malkhan Singh. The bail was contested in this appeal by Prabhakar Tiwari who was the Appellant and son of the deceased.
Background of the Incident
The incident took place on 7th February, 2019, where the victim i.e., Purushottam Dutt Tiwari who was shot while returning home after attending a court hearing around 4 pm in the evening.
Evidence against the Accused
Vikram Singh who was involved in at least five other criminal cases at the same police station of the Jagdishpur. Narendra Dev Upadhyay who was a witness provided a statement indicating that he saw Vikram Singh near the National Highway 56 Flyover on the day of the incident, accompanied by 6 or 7 accomplices and was discussing plans to kill the victim.
Charges against the Accused
The case involves serious charges under Section 302 r/w Section 120-B, Section 34, Section 147, Section 148 and Section 149 of the Indian Penal Code, 1860.
Contention of the Appellant
The Appellant highlighted the gravity of the charges against Vikram Singh and his criminal history and argued against the appropriateness of granting bail due to the potential danger posed by the accused and the strength of the evidence against him.
Issue addressed in Prabhakar Tiwari vs State of UP
The main question which was addressed in this case-
- Whether the gravity of the offence alleged to be committed and presence of criminal antecedents are the sole basis to reject the prayer for bail?
Legal Provisions involved in Prabhakar Tiwari vs State of UPSection 161 of the Criminal Procedure Code, 1973
Section 161 of the Code states that-
- Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
- Such person shall be bound to answer truly all questions relating to such a case put to him by the officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
- The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records.
Section 302 of the Indian Penal Code, 1860
Section 302 states that whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.
Judgment and Impact of Prabhakar Tiwari vs State of UP
The Supreme Court in Prabhakar Tiwari vs State of UP rejected the appeal filed against the order of the High Court granting bail to the accused i.e., Vikram Singh. The Court stated that there was no improper exercise of discretion by the High Court. The Court referred to Mahipal vs Rajesh Kumar in which the criteria established for assessing the legality of bail orders, noting that those factors were absent in this case.
The Court highlighted that while the offence was serious and the accused had multiple pending criminal cases, these factors alone did not warrant the rejection of bail. The Court noted that the High Court had appropriately considered the relevant materials before making its decision and the appellant failed to demonstrate any clear error in the order of the High Court.
Thus, the Supreme Court upheld the bail order granted by the High Court. The Court also concluded that the decision was justified based on the available evidence.
Conclusion
The decision in Prabhakar Tiwari vs State of UP reasserted the principle that the gravity of the offence and the existence of criminal history do not automatically justify the rejection of the bail. The Supreme Court in this case upheld the order of the High Court and highlighted that it had exercised its discretion appropriately by considering all relevant factors and evidence presented. The decision in this case underscores the importance of a balanced approach in assessing bail applications.
FAQs about Prabhakar Tiwari vs State of UP
What issues were addressed in this case?
The main question which was addressed in this case was whether the gravity of the offence alleged to be committed and presence of criminal antecedents are the sole basis to reject the prayer for bail
What are the legal provisions involved in this case?
The key legal provisions involved in this case were Section 161 of the Criminal Procedure Code, 1973, Section 302 r/w Section 120B, Section 34, Section 149 of the Indian Penal Code, 1860.