In Brief
In this landmark judgment, the Supreme Court set aside a High Court's bail order in a case arising from the Lakhimpur Kheri incident (3 October 2021) where farmers were allegedly hit by vehicles driven by supporters of the accused Ashish Mishra during a protest against agricultural laws. The Court held that victims, as defined under the CrPC, have substantive rights to be heard at every stage of criminal proceedings, including bail adjudication—rights independent of the State. The Court found the High Court erred by: (1) denying victims a fair hearing after their counsel was disconnected from online proceedings; (2) focusing narrowly on absence of firearm injuries while ignoring the grave nature of the allegations; and (3) deciding on merits rather than applying settled bail principles. The Court cancelled bail and remitted the case to the High Court for fresh adjudication, emphasizing that victims' participatory rights in criminal justice are an evolving, human-rights-based jurisprudence deserving robust protection.
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