Lakhimpur Kheri case: SC to hear on March 11 plea challenging grant of bail to Ashish Mishra
Supreme Court on Friday listed on March 11, a plea seeking to cancel the bail plea of the accused Ashish Mishra in the Lakhimpur Kheri incident.
The family members of the victims of the Lakhimpur Kheri incident moved the Supreme Court challenging Allahabad High Court order, which granted bail to the prime accused in the case, Ashish Mishra, who is the son of Union Minister of State for Home Affairs Ajay Mishra Teni.
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The petition was filed through advocate Prashant Bhushan. In the Special Leave Petition, family members of the deceased have challenged the Allahabad High Court order dated February 10, 2022, wherein Ashish Mishra has granted regular bail.
The petitioner said that the Allahabad HC order is unsustainable in law. They also said that they have approached the Apex Court as the Uttar Pradesh state has failed to prefer any appeal against the impugned order.
"The lack of any discussion in the High Court's order as regards the settled principles for grant of bail is on account of lack of any substantive submissions to this effect by the state as the accused wields substantial influence over the State government as his father is a Union Minister from the same political party that rules the state," read the petition.
"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, " said the petitioner.
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