Lakhimpur Kheri violence case: SC grants eight-week interim bail to Ashish Mishra

Express News Service

NEW DELHI: The Supreme Court on Wednesday granted eight-week interim bail to Union minister Ajay Kumar Mishra’s son Ashish within the 2021 Lakhimpur Kheri violence that had left eight individuals lifeless.

While granting Mishra bail conditionally, a bench headed by Justice Surya Kant directed Mishra to go away the state of UP inside one week and additional barred him from staying in UP or Delhi. 

Bench in its order has additionally mentioned that any try by a member of the family of the accused, to affect the witness will even result in the cancellation of his bail. Additionally, the bench has mentioned, “If it is found that Ashish Mishra is trying to delay the trial it will be a valid ground to cancel the bail.” 

The bench has additionally prolonged the advantage of interim bail additionally to different accused (farmers) who’re presently in custody within the cross FIR until additional orders. 

Court has additionally directed the decrease court docket to submit the progress of the report of the trial to the SC after each date of the listening to with particulars of witnesses examined on every date. 

“The registry is directed to list the matter without any delay for app directions as soon as the report is to be received by the trial court,” the court docket has additionally mentioned. 

Mishra had most popular an enchantment towards Allahabad HCs order of refusing to grant him bail. 

Defending Ashish Mishra, senior advocate Mukul Rohatgi contended that the homicide was not pre-planned and that the complainant who had filed the FIR was not an eye fixed witness.

“This is not a case of pre-planned murder but a case where the crowd turned violent. A completely wrong approach has been taken. It’s not pre-planned & both are aspects of the same FIR. Their entire argument is the argument of revenge and that’s not jurisprudence of bail. How can it be a case of 302?” Rohatgi additionally added. 

Opposing the bail, Senior Advocate and AAG Garima Prashad for UP Government whereas terming Mishra’s offence as “henious” mentioned that granting him bail would ship a improper message to the society. Prashad additional mentioned, “In the chargesheet, there are seven people who have seen him running from the spot.” 

Senior Advocate Dushyant Dave showing for one of many kin of the victims argued that granting Mishra bail would ship the improper message. Pointing out to the chargesheet which pointed in direction of the fee of “cold-blooded murder”, he mentioned, “There are 13,000 under trials facing section 302 charge in UP. Mr Mishra isn’t special. They are languishing. A message was that one man gets it, everyone else has been declined.” Dave additionally mentioned.

On October 3, 2021, eight individuals have been killed in Lakhimpur Kheri district’s Tikunia the place violence erupted when farmers have been protesting towards the then deputy chief minister Keshav Prasad Maurya’s go to to the world.

According to the Uttar Pradesh Police FIR, 4 farmers have been mowed down by an SUV wherein Ashish was seated.

Following the incident, the motive force of the SUV and two BJP employees have been allegedly lynched by indignant farmers.

A journalist additionally died within the violence. The Lucknow bench of the Allahabad High Court had on July 26 final yr rejected the Ashish Mishra’s bail plea. He had challenged the excessive court docket’s order within the apex court docket.

(With inputs from PTI)

NEW DELHI: The Supreme Court on Wednesday granted eight-week interim bail to Union minister Ajay Kumar Mishra’s son Ashish within the 2021 Lakhimpur Kheri violence that had left eight individuals lifeless.

While granting Mishra bail conditionally, a bench headed by Justice Surya Kant directed Mishra to go away the state of UP inside one week and additional barred him from staying in UP or Delhi. 

Bench in its order has additionally mentioned that any try by a member of the family of the accused, to affect the witness will even result in the cancellation of his bail. Additionally, the bench has mentioned, “If it is found that Ashish Mishra is trying to delay the trial it will be a valid ground to cancel the bail.” 

The bench has additionally prolonged the advantage of interim bail additionally to different accused (farmers) who’re presently in custody within the cross FIR until additional orders. 

Court has additionally directed the decrease court docket to submit the progress of the report of the trial to the SC after each date of the listening to with particulars of witnesses examined on every date. 

“The registry is directed to list the matter without any delay for app directions as soon as the report is to be received by the trial court,” the court docket has additionally mentioned. 

Mishra had most popular an enchantment towards Allahabad HCs order of refusing to grant him bail. 

Defending Ashish Mishra, senior advocate Mukul Rohatgi contended that the homicide was not pre-planned and that the complainant who had filed the FIR was not an eye fixed witness.

“This is not a case of pre-planned murder but a case where the crowd turned violent. A completely wrong approach has been taken. It’s not pre-planned & both are aspects of the same FIR. Their entire argument is the argument of revenge and that’s not jurisprudence of bail. How can it be a case of 302?” Rohatgi additionally added. 

Opposing the bail, Senior Advocate and AAG Garima Prashad for UP Government whereas terming Mishra’s offence as “henious” mentioned that granting him bail would ship a improper message to the society. Prashad additional mentioned, “In the chargesheet, there are seven people who have seen him running from the spot.” 

Senior Advocate Dushyant Dave showing for one of many kin of the victims argued that granting Mishra bail would ship the improper message. Pointing out to the chargesheet which pointed in direction of the fee of “cold-blooded murder”, he mentioned, “There are 13,000 under trials facing section 302 charge in UP. Mr Mishra isn’t special. They are languishing. A message was that one man gets it, everyone else has been declined.” Dave additionally mentioned.

On October 3, 2021, eight individuals have been killed in Lakhimpur Kheri district’s Tikunia the place violence erupted when farmers have been protesting towards the then deputy chief minister Keshav Prasad Maurya’s go to to the world.

According to the Uttar Pradesh Police FIR, 4 farmers have been mowed down by an SUV wherein Ashish was seated.

Following the incident, the motive force of the SUV and two BJP employees have been allegedly lynched by indignant farmers.

A journalist additionally died within the violence. The Lucknow bench of the Allahabad High Court had on July 26 final yr rejected the Ashish Mishra’s bail plea. He had challenged the excessive court docket’s order within the apex court docket.

(With inputs from PTI)