A bench headed by Chief Justice N.V. Ramana and comprising Justices Surya Kant and Hima Kohli noted that the victims have been denied a chance of an effective hearing and the high court overlooked relevant considerations.
Photo: IANS
The Supreme Court on Monday set aside Allahabad High court order which granted bail to Union Minister Ajay Mishra Teni’s son Ashish Mishra in the Lakhimpur Kheri violence incident and asked him to surrender within a week.
A bench headed by Chief Justice N.V. Ramana and comprising Justices Surya Kant and Hima Kohli noted that the victims have been denied a chance of an effective hearing and the high court overlooked relevant considerations.
Stating that the High Court order cannot be sustained, Supreme Court ordered the fresh consideration of the bail order.
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Earlier on April 4, the Uttar Pradesh government had told SC that it was a grave offence but Ashish Mishra is not a flight risk as no untoward incident happened after he was granted bail by the HC.
The apex court had objected to the high court order giving credence to “irrelevant” details in FIR and post-mortem reports to grant bail to Mishra.
The bench had taken note of the submissions of senior advocate Dushyant Dave, appearing for farmers, that the high court did not consider the relevant facts, and the order suffered from gross non-application of mind by the high court.
Mishra was arrested on October 9 last year in the case. On October 3, 2021, eight people, including four farmers, were killed in Lakhimpur Kheri in clashes during a farmers’ protest. He was granted bail by the high court on February 10.
The family members of the farmers, mowed down by a car belonging to Mishra, in Lakhimpur Kheri had moved the top court challenging bail granted to him.
(With inputs from IANS)
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