Prayagraj (UP), May 10 (PTI) The Allahabad High Court has dismissed the bail applications of Surya Bhan Karwariya, Kapil Muni Karwariya, Uday Bhan Karwariya and one more person in the 1986 Jawahar Yadav murder case.
A two judge bench of Justice Salil Kumar Rai and Justice Arun Kumar Singh Deshwal on Tuesday rejected the pleas of the convicts.
The appellants plea was that while passing the conviction order, the sessions judge failed to consider the serious inconsistency in the statements of prosecution witnesses, and that the prosecution failed to prove its case against the appellants beyond reasonable doubt.
It was also argued that the plea of alibi of the appellants was not considered though they had produced witnesses in support thereof that they were present at some other place at the time of the incident.
The court, however, did not accept the arguments and observed, "Contention of the appellants that the plea of alibi was not considered though they have produced defence witnesses in support thereof is unfounded because once the incident is proved by the eyewitnesses and the defence could not impeach the credibility of the eyewitnesses during cross-examination, therefore, the plea of alibi cannot be accepted."
The court, while rejecting the bail plea, observed, "In view of the above, considering the gravity of offence and evidence on record, we do not find this case fit for bail, therefore, the bail applications of the appellants are rejected."