The Supreme Court on Friday, 11 November, set aside the order of the Allahabad High Court granting bail to the two people accused of firing at the vehicle of All India Majlis-e-Ittehadul Muslimeen (AIMIM) president Asaduddin Owaisi in February.
Setting aside the bail order, a bench comprising Justice MR Shah and Justice MM Sundresh ordered the accused to surrender before the jail authorities within a week from Friday.
Pronouncing the order, Justice Shah said “it can be seen there are no reasons given by the high court” to grant bail, and neither prime-facie material nor the charge sheet had been considered.
Remitting the matter back to the high court for a fresh reconsideration and referring to various judgments on the issue including by himself, Chief Justice DY Chandrachud, and other top court judges, Justice Shah said the “seriousness of the offence is relevant in deciding bail application”.
The bench also asked the high court to decide the bail application of the accused at the earliest: within four weeks from the date of surrender.
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Owaisi had challenged the bail granted to two persons who were accused of firing at his vehicle.
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 issue relating to the bail granted to them be remanded back to the Allahabad High Court for fresh consideration.
It also dismissed Owaisi’s challenge to the bail granted to the third accused — one Aalim — while noting that the role attributed to him and the allegations were from six months before the incident — that he supplied the foreign-made pistol — and that no role was attributed to him with respect to any fired shot.
Owaisi’s car was attacked in Hapur in Uttar Pradesh while he was returning to Delhi after attending election-related events in western Uttar Pradesh on 3 February, a week before Assembly polls began in the state.
After the incident, the police arrested three persons for their alleged involvement in the incident.
Owaisi, in his plea submitted, that after accused Sachin came out on bail, he again threatened the petitioner with serious consequences.