Prabhakar Tewari Vs State of U.P. & Anr. (Supreme Court of India)
Supreme Court of India has upheld the decision of the Allahabad High Court to grant bail to two individuals, Vikram Singh and Malkhan Singh, accused in a 2019 murder case. The apex court dismissed appeals filed by Prabhakar Tewari, the son of the deceased victim, who challenged the High Court’s bail orders.
The case originates from a First Information Report (FIR) lodged on February 7, 2019, at Police Station Jagadishpur in Uttar Pradesh. The appellant’s father, Purushottam Dutt Tiwari, was fatally shot on the same day while returning from court.
The appeals before the Supreme Court specifically contested the bail granted by the High Court on September 11, 2019, to Vikram Singh (in one appeal) and Malkhan Singh (in the other).
Regarding the case of Vikram Singh, the appellant’s statement recorded shortly after the incident named five individuals as direct assailants, with Vikram Singh mentioned as the person by whom the “incident has been committed.” A subsequent statement by the appellant the next day named Vikram Singh as a conspirator in the crime. Vikram Singh was taken into custody on March 19, 2019.
Before the High Court, Vikram Singh’s counsel argued that he had been falsely implicated, that there was no direct incriminating evidence or recovery against him, and that a key independent witness’s statement implicating him in a conspiracy was recorded after a significant delay of 52 days. The counsel also mentioned Vikram Singh’s criminal history, which was reportedly explained in the rejoinder affidavit, and asserted that he would not flee or tamper with witnesses if granted bail. The Additional Government Advocate (AGA) opposed the bail plea but, as noted by the High Court, “could not dispute the aforesaid facts as argued by the learned counsel for the applicant.”
