The Allahabad High Court on Monday granted bail to Tinku Bhargava, district president of the Bharatiya Janata Party (BJP) Scheduled Caste Morcha, who has been in judicial custody since August 2022 for allegedly beheading a fellow party member and bullion trader. The bail was granted by Justice Ajay Bhanot, who found that Bhargava met the legal criteria for release pending trial.
Bhargava was booked under Sections 302 (murder), 201 (causing disappearance of evidence), and 34 (common intention) of the Indian Penal Code. This was his second attempt at securing bail, with the first application having been rejected in January 2024.
While granting bail, the Court emphasized that the accused had no prior criminal record and had fully cooperated with the investigation. “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,” the Court said.
Citing the legal precedent laid down in Prabhat Gangwar v. State of U.P., the Court held that an accused must be given a fair opportunity to prepare their defense, particularly when the prosecution has completed examining witnesses and the case is progressing toward the final stages of trial.
“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,” Justice Bhanot noted.
The Court directed Bhargava’s release on furnishing a personal bond and two sureties to the satisfaction of the trial court. It also warned that any attempt by the accused to tamper with evidence, influence witnesses, or delay the trial would result in immediate cancellation of bail.
Additionally, the trial court was instructed to ensure that bail is not frustrated through arbitrary or onerous surety conditions. The order aims to balance individual liberty with the integrity of the judicial process, underscoring the principle of procedural fairness in criminal law.
Case: Tinku Bhargav @ Yatendra vs State of U.P. – Available on LAWFYI.IO
