Lakhimpur Kheri violence: SC asks police to file report on alleged bail violation by accused Ashish Mishra

New Delhi  [India], January 20 (ANI): The Supreme Court on Monday asked the District Police to check the genuineness of fresh evidence placed by the victims over the alleged violation of bail condition by the accused Ashish Mishra in the Lakhimpur Kheri violence case.

After noting that fresh evidence is sought to be placed from both the victim’s and accused’s side, a Bench of Justices Surya Kant and Nongmeikapam Kotiswar Singh asked the District Superintendent of Police (SP) in Lakhimpur Kheri to file a report either in support or against the grounds seeking cancellation accused Ashish Mishra’s bail. 

“The applicant (victims) seeks cancellation of bail granted to Ashish Mishra. They have relied upon some materials accusing Mishra of misusing cancellation of bail and violating conditions on which bail was granted. Mr. Bhushan, counsel for the complainant, wants to place on record more material. In our view the veracity and genuineness of such material can be gone into by police administration who may then submit a report on support or against the ground seeking cancellation of bail”, the Court said in its order.

The Court listed the matter to be heard next in four weeks time. 

Senior Advocate Siddhartha Dave who appeared for Mishra denied allegations against his client by contending that the victim’s side is in a habit of making such allegations. 

Advocate Prashant Bhushan, on the other hand, submitted that one of the witnesses in the case is willing to go on record against Mishra alleging that he had been told not to give evidence against the accused. 

In November, last year, the top court had asked Mishra to respond to allegations with respect to threatening witnesses in the case against him. 

Earlier, the Court had modified the interim bail conditions of Mishra and had permitted him to either stay in Delhi or Lucknow. Further, it had also issued directions to expedite the trial in the Lakhimpur Kheri violence case. The top court had also made its interim order absolute.

In January 2023, the top court granted interim bail to Mishra for eight weeks and imposed various conditions. Later, the bail had been extended from time to time.

The Court had directed Mishra to inform the concerned court about his location. The Court had also clarified that any attempt by Ashish Mishra or his family to influence witnesses and try to delay the trial may lead to cancellation of his bail. The court has also directed Mishra to mark his attendance at the concerned police station of his location.

Ashish Mishra, the son of former Union Minister Ajay Mishra, moved the Supreme Court challenging the Allahabad High Court, which denied bail to him in connection with the Lakhimpur Kheri violence case.

On July 26, 2022, the Allahabad High Court denied bail to Ashish Mishra, the son of former Union Minister Ajay Mishra, in connection with the Lakhimpur Kheri violence case. The bail was rejected by the Lucknow bench of the Allahabad High

The said order is challenged by Ashish Mishra in the Supreme Court, filed through advocate on record T. Mahipal. Mishra is facing a case of murder for the incident that took place on October 3, 2021, in which eight people, including four farmers, were killed in Lakhimpur Kheri.

Mishra had allegedly ran over the farmers who were protesting against the Centre's three farm laws. He was arrested on October 9 and granted bail in February 2022.

Mishra again moved to the High Court as the court's earlier order was set aside by the Supreme Court in April 2022 and had ordered fresh consideration of his bail plea.

The top court earlier had set aside the Allahabad High Court order dated February 10, 2022, and remitted the matter back to the High Court. The top court had said that the order of the Allahabad High Court could not be sustained and had to be set aside, and the bail bonds of the respondent/accused were cancelled. The Court had directed Ashish Mishra to surrender within a week.

Family members of the victims of the Lakhimpur Kheri incident moved the Supreme Court, challenging the Allahabad High Court order, which granted bail to Ashish Mishra. At the time, the top court had cancelled Mishra’s bail plea. 

Earlier, the Court had appointed a committee headed by former Punjab and Haryana High Court judge Rakesh Kumar Jain to monitor the probe into the Lakhimpur Kheri violence. (ANI)