SC notice to UP government over Ashish Mishra's plea challenging HC order denying bail

Mishra was first arrested on October 9, after the top court took into consideration a letter petition filed with regard with the incident

The Supreme Court on Tuesday issued notice to the Uttar Pradesh government on a bail plea by Ashish Mishra, the prime accused and son of a Union Minister Ajay Mishra Teni in the Lakhimpur Kheri violence case, pertaining to mowing down of six farmers in October of last year.

A bench of Justices Indira Banerjee and M M Sundresh sought a response from the state government and the victims on a special leave petition filed by Mishra against July 26 order by the Allahabad High Court, denying him the bail.

Senior advocates Mukul Rohatgi and Ranjit Kumar appeared for the petitioner. Rohatgi claimed there was an allegation against the petitioner that he was driving the car but actually it was driven by his driver. The first informant eventually said he was not an eyewitness, he said.

The counsel submitted that the top court had earlier cancelled his bail on the ground that the Allahabad High Court did not hear the victims.

In its judgement on April 18, a bench of Chief Justice N V Ramana (since retired) and Justices Surya Kant and Hima Kohli, had said the High Court took a "myopic view", considered several "irrelevant factors", ignored judicial precedents on parameters of bail and showed "tearing hurry" in passing the February 10 order, denying a fair and effective hearing to the victims.

The court had then directed Mishra to surrender within a week.

Mishra was first arrested on October 9, after the top court took into consideration a letter petition filed with regard to the October 3, 2021 incident.

The court had then asked the High Court to consider the matter afresh expeditiously preferably within three months, "in a fair, impartial and dispassionate manner", with a view to balance the competing rights of the accused to seek bail and victims and State's right to oppose it.

The Allahabad High Court, however, subsequently rejected Mishra's bail plea.