LUCKNOW/LAKHIMPUR KHERI The Lucknow bench of the Allahabad high court on Monday corrected Ashish Mishra’s bail order issued on February 10 and added Sections 302 and 120 B of the IPC, which were inadvertently not mentioned in the earlier order, thereby paving way for Mishra’s release from prison.
Mishra, son of union minister of state for home Ajay Mishra, is lodged in Lakhimpur prison in connection with the October 3 violence in Tikunia area of Lakhimpur district in which eight people, including four farmers, had died.
On Monday, Mishra’s lawyer submitted the correction application of bail order (issued on February 10) in the high court.
A single-judge bench of Justice Rajeev Singh stated: “Correction application is allowed. In the second line of 3rd paragraph and second line of 26th paragraph, words ‘302, 120-B’ be added before the word ‘IPC’.
The order dated 10.02.2022 is corrected, accordingly.”
In the bail order passed on February 10, sections 147, 148, 149, 307, 326, 427 read with Section 34 of the IPC, Section 30 of the Arms Act and Section 177 of the Motor Vehicles Act were mentioned. But Section 302 (murder) and Section 120 (B) (criminal conspiracy) were left out due to clerical error.
Meanwhile, district and sessions Judge, Mukesh Mishra, Lakhimpur Kheri, ordered to release Mishra on production of personal bail bond of ₹3 lakh and two sureties each of equal amount and after fulfilling bail conditions.
{{/usCountry}}Meanwhile, district and sessions Judge, Mukesh Mishra, Lakhimpur Kheri, ordered to release Mishra on production of personal bail bond of ₹3 lakh and two sureties each of equal amount and after fulfilling bail conditions.
{{/usCountry}}Arvind Tripathi, district government counsel (DGC) (criminal), informed that Mishra moved an application in court on Monday and urged to fix the security amount for his bail.
Mishra’s lawyer also produced bail orders issued by the Lucknow high court on February 10 and February 14 (corrected order).
In his order, district judge (Lakhimpur Kheri) also stated that after release, Mishra would not influence witnesses, nor would put undue pressure on them, cooperate in trial, ensure his physical presence on commencement of trial, framing of charges and recording of statements.
The court also directed Mishra not to leave the state without permission of the trial court.
Mishra is among the 14 accused in the FIR (number 219/2021) lodged in Tikunia kotwali in connection with the killing of four farmers and a journalist in October 3 violence in Tikunia. In the ensuing violence, protestors had killed three people. In all, eight people had died in the violence.