Don’t grant Ashish Mishra bail till trial is over in Lakhimpur case: UP to SC | Latest News India - Hindustan Times
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Don’t grant Ashish Mishra bail till trial is over in Lakhimpur case: UP to SC

ByAbraham Thomas
Nov 08, 2022 05:09 AM IST

The Lakhimpur Kheri violence took place on October 3, 2021, when a vehicle allegedly belonging to Ashish Mishra’s father mowed down four farmers who had gathered to protest against the now-repealed farm laws. A journalist was also killed in the incident.

Terming the Lakhimpur Kheri violence last year involving Ashish Mishra, son of junior home minister Ajay Mishra Teni, as a “grave offence”, the Uttar Pradesh government told the Supreme Court not to release him on bail till the trial is completed.

Ashish Mishra is an accused in the Lakhimpur Kheri violence case. (PTI)
Ashish Mishra is an accused in the Lakhimpur Kheri violence case. (PTI)

In an affidavit filed on November 3, the state government said: “Given the gravity of the offence, the criminal history and influence of the Petitioner, he may not be released on bail during the pendency of investigation and trial.” Presently, the case is at the stage of arguments on framing of charges.

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The affidavit was in response to a petition filed by Ashish Mishra, challenging denial of bail by the Allahabad high court on July 26.

The Lakhimpur Kheri violence took place on October 3, 2021, when a vehicle allegedly belonging to Ashish Mishra’s father mowed down four farmers who had gathered to protest against the now-repealed farm laws. A journalist was also killed in the incident.

Mishra’s demand for bail was opposed by witnesses as well. Advocate Prashant Bhushan, who appeared for the victims’ families, said the witnesses were threatened and assaulted by “compatriots” of Ashish Mishra in March and April this year. It was a ground cited to oppose his bail during the period of trial.

The state denied the allegation of the witnesses, but found no error in the high court judgment denying Mishra bail. Responding to this charge made by witnesses, the affidavit said, “Investigation has revealed that the altercation between the complainant therein and the accused therein occurred due to a collision between their respective motorcycles, and that the same had no relation with the Lakhimpur Kheri violence of October 3, 2021....The state has taken all efforts to protect the witnesses and families of victims of (Lakhimpur) case.”

The state government said the two aspects to be seen while granting bail – gravity of offence, and likelihood of threats to witnesses and tampering of evidence. “With respect to the gravity of the offence, the charge-sheet makes it amply clear that this was a grave offence, and the petitioner was instrumental in the planning and execution of the same.”

As regards protection to witnesses, the state informed a total of 98 persons have been provided security, of which 79 are from Kheri district. “The families of all the victims of Case Crime No. 219/2021, and all the witnesses whose Section 164 statements were recorded, have been receiving continuous security under the Witness Protection Scheme 2018.”

The bench of justices BR Gavai and BV Nagarathna heard the matter on Monday and posted the case for further orders on November 10.

In his petition, Ashish Mishra told the apex court that the high court, while denying bail, failed to consider that it was not an incident where the car with Mishra mowed down protesting farmers. Mishra submitted there was a fracas as the car of the accused hit some persons. As a result of the violence that ensued, three persons in the vehicle, including the driver, died.

“No criminal liability can be attributable against the owner (Mishra) of the vehicle in any manner, especially when the driver has been done to death by the furious mob,” Mishra stated in his petition. “The individual criminal liability after his (driver’s) death shall stand abated under criminal jurisprudence.”

Mishra was arrested on October 9, 2021. Months after his arrest, in February, he was granted bail by the Allahabad high court. This order was set aside by the top court on April 18 on a plea by the victims’ kin with a direction to the high court to consider the matter afresh.

In November last year, the top court constituted a special investigation team (SIT) to carry out further probe in the case. A retired judge of the Punjab and Haryana high court — justice Rakesh Jain — was appointed to monitor the investigation. The top court reconstituted the SIT probing the case, following which a charge-sheet was filed in January this year. “The investigation is still going on and more evidence is being collected,” the state informed the court.

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