Breaking: Supreme Court Sets Aside Bail Granted To Ashish Mishra In Lakhimpur Kheri Case, Directs HC To Reconsider

The Supreme Court has set aside the Allahabad High Court's order granting bail to Ashish Mishra in the Lakhimpur Kheri violence case where four farmers were killed. The Court had remanded the matter back to the High Court for fresh consideration. Allahabad High Court had passed the order on February 10.

A Bench comprising of Chief Justice of India N. V. Ramana, Justice Surya Kant and Justice Hima Kohli had heard and reserved its judgment on April 4 in the appeal filed challenging the bail granted by the Allahabad High Court.

The Bench today directed the High Court to decide the bail application afresh, after hearing the victims also. The Court held that the victims were not heard by the High Court and that the High Court went into irrelevant considerations. 

Ashish Mishra has been directed to by the Court to surrender within a week.  The Bench declined to accept the submission of Senior Advocate Dushyant Dave that the case should now be heard by a different Bench of the High Court. 

In October 2021 violence broke out in the Lakhimpur Kheri district where four farmers were mowed down by an SUV when farmers were protesting against the farm laws, during Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya's visit to the area.

The prime accused in the incident, Ashish Mishra, was granted bail on 10th February by the Allahabad High Court. In November 2021, the Supreme Court had appointed a retired Punjab and Haryana High Court judge, Rakesh Kumar Jain to monitor the investigation in the case.

The relatives of the farmers who were killed, approached the Supreme Court filing SLP challenging the Allahabad High Court's decision. During the hearing, the Bench had remarked that the Uttar Pradesh Government ought to have filed an appeal against the decision of the High Court.

Senior Advocate Mahesh Jethmalani, appearing for the state had informed the Court that the report of the committee headed by the retired judge had been forwarded to the government. Senior Advocate Dushyant Dave had submitted that the High Court's decision was without application of mind and based on irrelevant considerations.