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While setting aside the order of Allahabad High Court which granted bail to Ashish Mishra, prime accused in the Lakhimpur Kheri Violence case, the Supreme Court has said that while granting him bail, the High Court denied the victims', their right to participate in the proceedings. 

The bench of Chief Justice of India NV Ramana, Justices Surya Kant & Hima Kohli have considered it appropriate to remit the case to the high court for "fresh adjudication" of the bail application in a "fair, impartial and dispassionate" manner, keeping in mind the principles laid down in Prasanta Kumar Sarkar v. Ashis Chatterjee & Anr., in which the Apex Court had elucidated various factors while considering an application for bail.

In this regard, Court has directed Mishra to surrender in one week.

Supreme Court has also stated that the High Court delved into merits of the case at the time of granting bail instead of relying on set precedents to determine whether a bail should be granted or not, including nature and gravity of accusation, severity of punishment, danger of the accused absconding or fleeing, if released on bail, character, behaviour, means, position and standing of the accused, likelihood of the offence being repeated, reasonable apprehension of the witnesses being influenced; and danger of justice being thwarted by grant of bail etc.

"...the High Court or the Sessions Court must grant bail after the application of a judicial mind, following well­established principles, and not in a cryptic or mechanical manner," the Supreme Court said.

While justifying whether the order allowing bail to Mishra warrants interference, Supreme Court said that if it is found that an order is illegal or perverse, or is founded upon irrelevant materials adding vulnerability to the order granting bail, "an appellate Court will be well within its ambit in setting aside the same and cancelling the bail".

Top Court is of the opinion that "the High Court has adopted a myopic view of the evidence on the record and proceeded to decide the case on merits".

In this backdrop, the Supreme Court has stated that on account of considerations which are irrelevant which have impacted the judgment granting bail and the high court having exceeded its jurisdiction while touching upon the merits of the case, "a tearing hurry" has been shown by the High Court in entertaining or granting bail to Mishra.

It is further stated that if the Lakhimpur Kheri incident took place in a manner which was enumerated, it should "serve as an awakening call to the State authorities to reinforce adequate protection for the life, liberty, and properties of the eye/injured witnesses, as well as for the families of the deceased".

A plea was filed in Supreme Court by the kin of those who were allegedly killed in the Lakhimpur Kheri violence, challenging the Allahabad High Court order allowing bail to Mishra.

It had sought cancellation of the bail stating that "the concept of fairness in action and the postulate of 'justice not only done but seem to be done' still remains a far cry." 

The bench of Justice Rajeev Singh of Allahabad High Court on February 10, 2022, had pronounced the judgment which had been reserved on January 18. Earlier, the bail plea's of Mishra and two others had been rejected by the Lakhimpur Kheri District and Sessions court on November 15, 2021.

 

Case title: Jagjeet Singh & Ors Vs Ashsih Mishra

Read More: [BREAKING] Supreme Court cancels bail granted to key accused Ashish Mishra in Lakhimpur Kheri violence case