Lakhimpur Kheri violence: SC grants interim bail to Ashish Mishra
The top court said he cannot stay in Uttar Pradesh or Delhi during the interim bail and any attempt to influence the witnesses or tamper with the evidence will lead to immediate cancellation of the relief.
The Supreme Court on Wednesday granted interim eight-week bail on an “experimental basis” to Ashish Mishra, son of Union minister Ajay Mishra, in connection with the death of four farmers in Uttar Pradesh’s Lakhimpur Kheri in October 2021
“Whether or not we extend the interim bail will depend entirely on his conduct,” said a bench led by justice Surya Kant.
The bench said it will monitor the trial in the case. It asked the concerned sessions court in Uttar Pradesh to send the progress report to it after every date of the hearing. The bench directed the trial court to speed up the case and refrain from granting adjournments on casual grounds.
The court imposed a slew of conditions on Ashish Mishra while ordering his release on bail. It said that he cannot stay in Uttar Pradesh or Delhi during the interim bail. The court said any attempt to influence the witnesses or tamper with the evidence will lead to immediate cancellation of the relief.
The court asked Ashish Mishra to deposit his passport. It said he would regularly mark his presence in the police station of the area, where he chooses to stay during the bail period.
The bench invoked its powers under Article 142 of the Constitution and also granted eight-week interim bail to four farmers, who are accused in a cross-First Information Report (FIR) lodged after the incident.
Ashish Mishra approached the apex court after the Allahabad high court on July 26 last year rejected his bail.
He is accused of having been in the car that mowed down four farmers in October 2021 while they were protesting against the now-repealed farm laws. Ashish Mishra claimed the farmers attacked his car and even killed two occupants.
The Uttar Pradesh government opposed his bail plea, arguing that the case involved a heinous offence and that Ashish Mishra’s presence at the incident spot was testified by witnesses in the case.
The court noted that the same incident resulted in two FIRs – one involving the death of farmers and the other against four farmers. In each case, there are over 200 witnesses.
The court cited a report from the judge hearing the two cases and said the trial would take at least five years.
The families of the four farmers killed in the violence, represented by senior advocate Dushyant Dave, submitted the Supreme Court has held that accused in heinous offences deserve no bail.
Ashish Mishra, represented by senior advocate Mukul Rohatgi, told the court last week that because he is a minister’s son, he should not be denied bail.
Rohatgi submitted there was no allegation of tampering of evidence and his client had no past criminal antecedents.
The state government earlier informed the court that 98 witnesses have been provided security, of which 79 are from the Kheri district.
Ashish Mishra was arrested on October 9, 2021. In February last year, the Allahabad high court granted him bail. But the top court set aside the order on April 18.
The Supreme Court directed the high court to decide the matter afresh, which resulted in the July order.
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