Families of Deceased Farmers Challenge Mishra’s Bail in SC

Story Highlights
  • Kin of deceased farmers challenge bail of Ashish Mishra.
  • Claim the bail order overlooked the heinous crime and overwhelming evidences of the incident.
  • The Allahabad court had granted interim relief to Ashish Mishra on specific terms.

New Delhi: In a recent development in the Lakhimpur Kheri killings, kin of the farmers deceased moved the SC seeking cancellation of bail of ministers accused son, who was granted bail by the Allahabad court.

Filed through Adv Prashant Bhushan, the plea indicated that the Allahabad court granted the bail without considering in its order “the heinous nature of the crime; the character of the overwhelming evidence against the accused in the charge sheet; position and status of the accused with reference to the victim and witnesses; the likelihood of the accused fleeing from justice and repeating the offence; and the possibility of his tampering with the witnesses and obstructing the course of justice.”

“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 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,” said the plea which has been filed by Jagjeet Singh, Pawan Kashyap and Sukhwinder Singh through lawyer Prashant Bhushan.

The victims claimed they were obstructed from presenting evidence during the bail hearing, as their counsel was disconnected from the call on 18 January, it added, resulting in them barely making any submissions. The plea further stated that at least 27 witnesses testified the incident and the individuals involved in the crime.

On October 3rd, nearly 8 died in Lakhimpur Kheri where witnesses claim the convoy of Union Minister’s son Ashish Mishra deliberately mowed down the protesting farmers. Ashish Mishra, on October 7th, was arrested after the SC intervened and ordered the constitution of an SIT to monitor the probe.

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