New Delhi: The Supreme Court has questioned the Uttar Pradesh administration for not cancelling the bail of Ashish Misra, the prime accused in the Lakhimpur Kheri violence case.

Chief Justice of India N.V. Ramana and Justices Surya Kant and Hima Kohli sought a response from the Uttar Pradesh government on the report sent by the judge. on April 4.

The bench has observed that  “It appears from the report of the monitoring judge that he had recommended the cancellation of bail and recommended that an application be filed for this. Why was this not done?”, the CJI bench questioned.

Ashish Misra was arrested on October 9 last year in connection with the violence that erupted in Uttar Pradesh's Lakhimpur Kheri. On October 3, 2021, eight people, including four farmers, were killed in Lakhimpur Kheri in clashes during a farmers' protest.

He was released from jail after he was granted bail by the Lucknow bench of the Allahabad High Court. Ashish Misra's lawyers submitted two bail bonds of Rs 3 lakh each in regards to his bail orders on February 14.

Court observation: "It appears from the report submitted by the monitoring judge that he has recommended preferring an appeal (against the bail granted by the Allahabad High Court).", the bench remarked.

Justice Kant observed that the head of the Special Investigation Team (SIT) running the probe had also written letters to the State Home Minister recommending that the government files an appeal.

Senior Advocate Mahesh Jethmalani, appearing for the UP government, told the court that he had not seen the letters, and sought time.

Appearing for the petitioners, Senior Advocate Dushyant Dave argued that "The State of UP has submitted that they had opposed the bail-in High Court. It is imminent that the bail is cancelled or set aside. The High Court verdict suffers from non-application of mind."

After Jethmalani informed the Bench that the Additional Secretary, Home of the State government had not received the letters or the report, the Court said,

"We are giving this report to State and petitioner. We will hear this again tomorrow." In its affidavit filed in the Supreme Court, the State of Uttar Pradesh said that all 98 witnesses in the Lakhimpur Kheri case have been given adequate security and that the petitioner was attempting to conflate issues.

It also denied the contention made in the pending case before the Supreme Court that the State did not adequately oppose the bail application of the prime accused in the case, Ashish Mishra, son of Union Home Minister of State Ajay Mishra Teni.

After the Allahabad High Court granted bail to Mishra in the case, the family members of the deceased had approached the Supreme Court in appeal, seeking cancellation of the bail. The State of Uttar Pradesh is yet to file an appeal against the High Court verdict, Bar and Bench reported.