Allahabad HC Showed "Tearing Hurry", SC Cancels Ashish Mishra's Bail

Allahabad HC on February 10 had granted bail to Ashish Mishra, the prime accused in the Lakhimpur Kheri case.

The Supreme Court on Monday cancelled bail granted to Ashish Mishra, the prime accused in the October 3, 2021 Lakhimpur Kheri case. Mishra, who was granted bail by the Allahabad High Court has to surrender within one week.

The special bench of the top court observed that the Allahabad High Court showed a "tearing hurry" while granting Mishra bail, as it remanded the matter back to the high court for fresh consideration. This means that Mishra can reapply for bail before the Allahabad High Court and a fresh hearing will take place.

While cancelling bail, the special bench also observed that the victims were denied the chance of an effective hearing before the high court. "The victim has the unbridled participatory right in such criminal trial process," the bench observed. The top court said the high court had considered irrelevant factors; ignored judicial precedents and showed unwarranted hurry while granting Mishra bail on February 10. "The FIR cannot be treated as an encyclopedia of events. Judicial precedents were ignored," the Supreme Court observed.

Mishra, the son of Union Minister of State (Home) Ajay Mishra Teni, is the prime accused in the Lakhimpur Kheri violence case where eight people including a journalist was mowed down by a jeep allegedly driven by him.

Also Read: Should Have Opposed Ashish Mishra's Bail On SIT's Advice: SC Tells UP

The top court's order came on a plea filed by the victim's family members alleging that the high court did not give them a fair chance while it was hearing Mishra's bail plea. Senior Advocate Dushyant Dave, representing the victims' families, said the high court also ignored the chargesheet and relied on the FIR while granting bail.

While reserving its order on April 4, the Supreme Court told the Uttar Pradesh government that it should have appealed against the bail granted to Ashish Mishra as recommended by the top court appointed-Special Investigation Team (SIT). An affidavit filed by the SIT stated that it had written to the Uttar Pradesh government twice requesting the state to oppose bail granted by the Allahabad High Court.

Also Read: Lakhimpur Kheri Incident Pre-Planned Conspiracy: SIT To UP Court

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