The Supreme Court on Friday set aside the order passed by the Allahabad High Court granting bail to the accused who fired at the vehicle of All India Majlis-e-Ittehadul Muslimeen (AIMIM) president Asaduddin Owaisi in February 2022.
A bench of Justices MR Shah and MM Sundresh directed the accused to surrender before the jail authority within a week from today and set aside his bail "considering the seriousness of offences".
It sent the matter back to the High Court and asked it to decide on the bail application of the accused afresh at the earliest or within four weeks from the date of his surrender.
The top court further asked High Court to decide on his application for bail while considering the evidence collected which was also filed in the charge sheet.
While setting aside the High Court order, the top court bench said: it can be seen that there was no reason for the High Court to release the accused on bail and even the prime facie material or the chargesheet was not been considered.
The bench said, "While granting bail, the seriousness of the offense is relevant in deciding the bail application."
Owaisi had challenged the bail granted to two persons accused of firing at his vehicle in February this year.
Earlier the apex court had sought a response from the Uttar Pradesh government and the two accused -- Sachin Sharma, and Shubham Gurjar -- on the limited issue as to whether the matter relating to the bail granted to them be remanded back to the Allahabad High Court for fresh consideration.
It had dismissed Owaisi's challenge to the bail granted to the third accused Aalim while noting that the role attributed to him and the allegations were dated six months prior to the incident, that he supplied the foreign-made pistol and no role has been attributed to him with respect to any fire shot.
Owaisi's car had come under attack in Hapur, Uttar Pradesh, while he was returning to Delhi after attending election-related events in western Uttar Pradesh on February 3, a week before assembly polls began in the State.
After the incident, the police arrested three persons -- Sachin Sharma, Shubham Gurjar, and Aalim -- for their alleged involvement in the incident.
Owaisi in his plea had also submitted that after accused Sachin came out on bail, he again threatened the petitioner with serious consequences.
( With inputs from ANI )
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