On the merits of the order, the special leave petition said that the High Court did not consider the overwhelming evidence against Mishra while granting bail, since the chargesheet against him was not brought on record.
It was submitted that the High Court granted bail without considering the heinous nature of the crime, the character of the overwhelming evidence against the accused in the chargesheet, the position and status of the accused with reference to the victims and witnesses, the likelihood of the accused fleeing from justice and repeating the offence and the possibility of his tampering with witnesses and obstructing the course of justice.
The plea stated that victims were prevented from bringing the relevant material to the notice of High Court as their counsel got disconnected from the hearing of the bail matter on January 18.
The counsel could barely make any submissions and repeated calls to the court staff to get reconnected were to no avail. Thus, the application filed by the victims before the High Court for an effective re-hearing was also rejected, the plea said.
Source: Barandbench
