Read Time: 05 minutes

Synopsis

The Allahabad High Court recently rejected the bail application filed by former Bihar MLA Narendra Kumar Pandey, popularly known as Sunil Pandey, in the Mirzapur shooting case. 

On August 14, last year, one Kanhaiya Prasad got killed when he visited the Ashtbhuja temple in Vindhyachal, Mirzapur. Allegedly, when Kanhaiya and his family member were cooking food nearby the temple vehicle stand, an altercation took place with another group that was allegedly cooking non-veg food.

As per the FIR, one of the group members, which was cooking non-veg food had stated that they were Pandey's henchmen and exhorted to kill Kanhaiya. Thereafter, Kanhaiya was shot and the culprits fled the scene. Kanhaiya was then taken to a hospital which referred him to Varanasi where he later died.

Initially, a case was lodged under Sections 307, 147, 148, 149, 504 and 506 IPC read with Section 7 Criminal Law Amendment Act, however, after Kanhaiya's death, Sections 302 and 120-B, IPC were added.

Kanhaiya's postmortem report showed several injuries which caused his death. Allegedly, Pandey had conflicted those injuries on Kanhaiya. 

However, while arguing in Pandey's bail plea, his counsel argued that Pandey's name came to light only on the basis of hearsay evidence. There is no direct evidence regarding his presence at the place of the incident, he submitted. 

The counsel further argued that though it was a spur-of-the-moment incident, allegations against Pandey had been raised that there was a criminal conspiracy to kill Kanahiya. 

He alleged that Pandey had been implicated in the case only because he has been MLA from Janata Dal (United) Party and has a criminal history. 

On the contrary, Additional Government Advocate submitted that Pandey's presence in the place of incident had been fully established by electronic evidence. 

His mobile phone was put on surveillance and his tower location would establish that he was present at the place of the incident; investigation is still on and at this stage he should not be enlarged on bail, the AGA argued. 

The single judge bench of Justice Dinesh Kumar Singh took note of the fact that Pandey is one of the Bahubalis of Bihar Politics and to his credit he has nine cases. 

Therefore, considering the heinousness of the offence, Pandey's criminal antecedents and the fact that an innocent person got killed in "gruesome and dastardly manner", court did not find it to be a fit case for grant of bail.

However, the single judge bench added that once the witnesses of fact get examined, Pandey may revive his bail plea, if he is so advised.

Case Title: Sunil @ Narendra @ Dr. Narendra Kumar Pandey @ Sunil Pandey v.  State of U.P.