Lakhimpur Kheri Violence: Families of Deceased Farmers Move Apex Court Against Bail Granted to Ashish Mishra by Allahabad High Court.
(Judicial Quest News Network)
The Family members of the deceased farmers of the Lakhimpur Kheri case has filed a Special Leave Petition in Apex Court Challenging the “Allahabad High Court’s Order” that granted bail dated Feb,10,2022 to Ashish Mishra, the prime accused in the violence of Lakhimpur Kheri which had claimed lives of the 8 farmers.
The SLP is filed by Senior Advocate Prashant Bhushan.
It is submitted that the impugned order is unsustainable in law and on facts and therefore the petitioners who are the family members of three individuals who were brutally murdered by the accused are approaching this Hon’ble Court as the State has failed to prefer any appeal against the impugned order.
The SLP The plea reads “the lack of any discussion in the Hon’ble 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. 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 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.”
The plea further states that the order is perverse because the chargesheet in FIR No. 219/2021 was filed on 03.01.2022, however the bail applicant did not bring the same on record before the Hon’ble High Court prior to the date of final hearing on 18.01.2022 and the High Court neither considered nor dealt with the overwhelming evidence against the accused in chargesheet.
The plea has also mentioned that the lack of any discussion in the Hon’ble 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.
Further, according to the petitioners, the observation of High Court that, “there might be a possibility that the driver tried to speed up the vehicle to save himself, on account of which, the incident had taken place”, is perverse especially when there was nothing on record to show the same and there is evidence in fact in the chargesheet to the contrary showing that the vehicles had been dashing at high speeds of 70-100 km/hr from the time they left the venue of the ‘Dangal’; when they passed the petrol pump; when they crossed the police crossing; all the way to the scene of the crime; and the same has been attested to by various eye witnesses including police officials on duty.
The petitioners said that High Court has granted bail without at all considering in its order: the heinous nature of the crime; the character of the overwhelming evidence against the accused in the chargesheet; 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 local advocate of the victims in Lakhimpur has already been in an ‘accident’ even while the accused was in jail There is immediate and continuing threat to witnesses and the streams of justice are in danger of being sullied by the accused and his powerful family and supporters
