On Friday, a bench of Justices MR Shah and MM Sundresh quashed and set aside the bail granted by the Allahabad High Court to two people who were accused of firing at Member of Parliament Asaduddin Owaisi's moving car on February 3, this year. The court directed that the matter be sent back to the high court for fresh disposal, which is to be completed within 4 weeks.

"….It can be seen that there are no reasons given at all by the High Court while enlarging the respondents on bail. Neither any Prima facie opinion is given nor even the material collected during the course of the investigation, which is part of the charge sheets has not been considered by the High Court. In that view of the matter, the impugned judgment and order of the High Court granting bail to the accused is liable to be quashed and set aside on the aforesaid ground alone and the matter is to be remitted to the High Court to consider the bail application afresh on merits and in accordance with the law, and after considering the evidence collected during the course of the investigation, which is now part of the charge-sheet."

The counsel appearing for the accused submitted that there was no material against the duo and requested the court refrain from setting aside the High Court order. He further relied on the judgment passed in Satender Kumar Antil.

Advocate MR Shamshad, appearing for Owaisi, submitted that there were four eyewitnesses to the incident. And CCTV recordings clearly showed one of the accused coming out of the car and shooting. Even the colour of the jacket that the accused was wearing on the said day was identified, the court was told.

Case Title : Asaduddin Owaisi versus the State of Uttar Pradesh

Diary No. 26167-2022