Allahabad High Court grants bail to BJP leader accused of beheading friend

The Allahabad High Court on Monday granted bail to Tinku Bhargava, district president of the Bharatiya Janata Party (BJP) Scheduled Caste Morcha, who is accused of murdering his friend—a bullion trader and fellow member of the saffron party [Tinku Bhargav @ Yatendra v. State of U.P.]..Justice Ajay Bhanot, while granting bail to accused, observed that he has no prior criminal history and is not a flight risk.The Court further observed that he has cooperated with the investigation and poses no risk of influencing witnesses, tampering with evidence or reoffending."The applicant does not have any criminal history apart from the instant case. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of her influencing witnesses, tampering with the evidence or reoffending. In wake of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed," Court observed..Bhargav was booked under Sections 302 (Punishment for murder), 201 (Causing disappearance of evidence of offence, or giving false information to screen offender), and 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code after he allegedly beheaded his political associate. He has been in judicial custody since August 2022. This was his second bail application, the first having been rejected in January 2024..Advocate Shantanu Srivastava, appearing for the accused, argued that he is a law-abiding citizen with no prior criminal history.It was also pointed out that the prosecution witnesses have all been examined and the trial is nearing the stage of recording the statement under Section 313 CrPC and considering defense evidence.The counsel further argued that continued incarceration would obstruct the applicant’s ability to effectively prepare his defense and gather supporting evidence, which would be inconsistent with the principles of fairness in criminal procedural law. .The Court observed that the facts of the case warranted the application of the legal principle laid down in Prabhat Gangwar v. State of U.P., where it was held that an accused must be allowed the opportunity to prepare his defense to ensure procedural fairness. "Considering the aforesaid parameters in light of the above facts of this case, I am of the opinion that Prabhat Gangwar (supra) is applicable to the facts of this case," Court noted.Accordingly, the Court allowed the bail application..The accused was directed to be released on bail upon furnishing a personal bond and two sureties to the satisfaction of the trial court. Further, he must not tamper with evidence or influence witnesses and must appear before the trial court as required. The trial court was also instructed to ensure that bail is not frustrated by arbitrary or onerous surety conditions, and that any non-cooperation or delay tactics by the accused would lead to immediate cancellation of bail..Advocate Shantanu Srivastava appeared for the accused while as Additional Government Advocate Paritosh Kumar Malviya appeared for the State..[Read Order]