Supreme Court’s Grants Bail to Ashish Mishra in Lakhimpur Kheri Violence Case

By Legal Wires 4 Minutes Read

In a significant development concerning the Lakhimpur Kheri violence case from October 2021, where vehicles from Ashish Mishra’s convoy allegedly ran over protesting farmers, the Supreme Court has granted bail to Ashish Mishra and other co-accused individuals, subject to specific conditions.

Background and Interim Bail

• Division Bench: The decision was made by the division bench of Justices Surya Kant and Ujjal Bhuyan.
• Initial Bail Order: An interim regular bail was granted to Ashish Mishra on 25-01-2023, with various conditions, including a restriction on staying in Uttar Pradesh or NCT of Delhi.
• Condition Relaxation: On 26-09-2023, the condition of not staying in NCT of Delhi was relaxed due to the ailment of the petitioner’s mother and his daughter’s need for an operation in Delhi.

Change of Circumstances

• Petitioner’s Submission: Ashish Mishra submitted that his father is no longer an elected Member of Parliament or a Minister in the Union Government, and there is no residential accommodation available for him or his family in Delhi.
• Modification Request: He sought further modification of the condition imposed on 25-01-2023.

Supreme Court’s Decision

• Permanent Bail Conditions: The interim bail granted on 25-01-2023 was made permanent with the following conditions:
• Ashish Mishra is permitted to stay either in NCT of Delhi or in Lucknow city in Uttar Pradesh.
• He must abide by the terms and conditions imposed on 25-01-2023 and can go to the trial location a day prior to the date fixed for the trial.
• Co-Accused: The interim bail for other co-accused individuals was also made permanent.

Trial Proceedings and Directions

• Witness Examination: Out of 114 witnesses, only 7 have been examined so far.
• Expediting the Trial: The Court emphasized the need to expedite the trial proceedings and provided the following directions:
• The Trial Court must fix a schedule for conducting the trial.
• Witnesses to be examined on the fixed date should be identified in advance.
• Necessary directions should be issued to the prosecution/State Authorities to ensure the presence of these witnesses.
• Counsel for the parties must extend full cooperation in examining/cross-examining the witnesses.
• Trial Schedule: The Trial Court was instructed to fix a schedule, considering other important or time-bound matters, but prioritizing this trial.
• Public Prosecutor’s Role: The Public Prosecutor was directed to inform the Trial Court about the number of witnesses (approximately five witnesses per day) to be produced on the fixed date.
• State Authorities: The State Authorities were directed to ensure the witnesses’ presence before the Trial Court on the date fixed.

Next Hearing

• The matter will next be taken up on 30-09-2024.

Legal Wires

Team @LegalWires