The Supreme Court has issued a notice to the Uttar Pradesh government over a plea seeking cancellation of bail granted to Ashish Mishra, son of union minister Ajay Mishra Teni. Mishra was arrested in connection with the death of four farmers in Lakhimpur Kheri district in October last year. He had been given bail by the Allahabad High Court.
A total of eight people died – three BJP workers and a journalist – in the violence that followed the farmers’ deaths.
“The impugned order is unsustainable in eyes of law as there has been no meaningful and effective assistance by the State to the court in the matter contrary to the object of the first Proviso to Section 439 of Code of Criminal Procedure, 1973, which provides that in grave offences notice of bail application should ordinarily be given to the Public Prosecutor,” the petitioners said.
“Even the victims were prevented from bringing the relevant material as regards the settled principles for grant of bail to notice of High Court as their counsel ‘got’ disconnected from the hearing on January 18 this year before he could barely make any submissions and repeated calls to the court staff to get reconnected were to no avail and application filed by the victims/petitioners,” the petition added.
“Contrary to settled law, the High Court failed to form its opinion on the basis of the charge sheet on broad probabilities and has instead gone on the basis of far-fetched imaginary possibilities,” the petition said.
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