The Allahabad High Court has refused to grant bail to Adya Prasad Tiwari, the former head priest of Prayagraj’s Bade Hanuman Ji temple, in the 2021 suicide case of Akhil Bhartiya Akhada Parishad (ABAP) president Mahant Narendra Giri.
A case under Sections 306 (abetment of suicide) and 120B (criminal conspiracy) of the Indian Penal Code was registered against Tiwari and two others—Anand Giri and Sandeep Tiwari—after the death of Mahant Narendra Giri on September 20, 2021. His body was found hanging inside a room at the Baghambari Gaddi Math in Prayagraj.
In his suicide note, the ABAP president had named Anand Giri and the two others, accusing them of causing him severe mental harassment. Following the incident, the three accused were arrested and have remained in custody since September 2021. The case was initially investigated by the Uttar Pradesh Police before being handed over to the CBI, which filed its charge sheet on November 20, 2021, concluding that the Mahant was driven to suicide due to “grave mental trauma” inflicted by the accused.
Justice Ashutosh Srivastava dismissed the bail plea, noting that the trial court had already rejected Tiwari’s application in January 2022. The court directed the Undertrial Review Committees (UTRC), constituted under the Supreme Court’s directions, to examine whether Tiwari qualifies for release under Section 479 of the Bharatiya Nyaya Suraksha Sanhita (BNSS), which deals with the maximum period for which an undertrial prisoner can be detained.
The UTRC has been asked to conduct this review and submit a report within two months. The court also directed the registrar (compliance) to ensure prompt communication of this order to the committee and its members.
Tiwari’s counsel argued that he has already been in custody for over one-third of the maximum imprisonment period prescribed for the offences under Section 306, which carries a sentence of up to ten years. On that basis, the defence contended that he is entitled to be released on bond pending trial.
However, the prosecution opposed the bail plea, asserting that Tiwari had been attempting to delay the trial through “frivolous means” and therefore should not be granted bail.
The trial court had framed charges against all three accused on March 31, 2023. They continue to remain in judicial custody while the trial is ongoing.
