A bench of Justices B.R. Gavai and B.V. Nagarathna said it will hear the matter on November 7.
Senior advocate Mukul Rohatgi, representing Mishra, submitted that notice was already issued in the matter.
On July 26, the Allahabad High Court’s Lucknow bench declined to entertain Mishra’s bail plea.
On April 18, the Supreme Court had cancelled the bail granted to Mishra and directed him to surrender within a week.
A bench headed by Chief Justice N.V. Ramana (retired now) and comprising Justices Surya Kant and Hima Kohli asked the Allahabad High Court to examine afresh whether Mishra should be granted bail or not.
“Instead of looking into aspects such as the nature and gravity of the offence, severity of the punishment in the event of conviction, circumstances which are peculiar to the accused or victims, likelihood of the accused fleeing, likelihood of tampering with the evidence and witnesses, and the impact that his release may have on the trial and the society at large, the High Court has adopted a myopic view of the evidence on the record and proceeded to decide the case on merits,” the top court had noted.
It had said that the high court had shown “tearing hurry” in passing the February 10 order, granting bail to Mishra, denying a fair and effective hearing to the victims.
Mishra was arrested on October 9 last year in the case. On October 3, 2021, eight people, including four farmers, were killed in Lakhimpur Kheri in clashes during a farmers’ protest.
The family members of the farmers, mowed down by a car belonging to Mishra, in Lakhimpur Kheri had moved the top court challenging bail granted to him.
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