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SC cancels Ashish Mishra’s bail in Lakhimpur case, asks him to surrender

The Supreme Court overturned the bail granted to Union Minister of State for Home Ajay Mishra’s son Ashish Mishra in the Lakhimpur Kheri case on Monday. Ashish Mishra, the primary suspect in the case, was released on February 15 after serving more than four months in prison. The Supreme Court bench of CJI NV Ramana, Justices Surya Kant and Hima Kohli had reserved its decision on the accused’s bail on April 4. Justice Surya Kant, who delivered the decision, stated that the victims were denied the right to a hearing before the Allahabad High Court, which had given Ashish Mishra bail.

Furthermore, he claimed that the HC had overlooked previous decisions and taken into account a number of irrelevant factors. Following this, the court ordered Ashish Mishra to surrender within a week. It also remanded the case to the High Court, instructing it to reconsider the issue in light of new evidence and after ensuring that the petitioners were given a fair hearing. During the Supreme Court hearing, it was revealed that the SIT established by the highest court had recommended the Uttar Pradesh government file an appeal against the HC ruling on two occasions, a request that was disregarded.

On 3 October 2021, violence erupted in Uttar Pradesh’s Lakhimpur Kheri area, killing eight people, including four farmers. Rakesh Kumar Jain, a former Punjab and Haryana High Court judge, was appointed by the Supreme Court to oversee the probe into the Lakhimpur violence on November 17, 2021. The Supreme Court stated that this will aid in the investigation’s transparency, fairness, and perfect impartiality.

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It also reformed the Yogi Adityanath-led government’s SIT by adding three IPS officers to the panel: SB Shiradkar, Preetinder Singh, and Padmaja Chauhan. After the UP SIT decided that the Lakhimpur riots was a deliberate plot, the opposition ramped up its attacks on the BJP. The Chief Judicial Magistrate in Lakhimpur Kheri agreed to the prosecution’s request on 14 December 2021, adding Sections 307 (attempt to murder) and 326 (voluntarily causing grievous bodily harm by dangerous weapons or means) and sections of the Arms Act to the FIR while dropping Sections 279, 304A, and 338.

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