Apex Court Grants Bail To Ashish Mishra In Lakhimpur Kheri Violence Case; Imposes Conditions

The Supreme Court today has granted bail to Ashish Mishra, son of former Union minister Ajay Mishra, who was implicated in the incident that resulted in the tragic deaths of eight individuals, in the 2021 Lakhimpur Kheri violence case.

The bench of Justice Surya Kant and Justice Ujjal Bhuyan granted bail to Mishra subject to following conditions:-

1. The petitioner is permitted to stay, either in NCT of Delhi or in Lucknow city, in State of Uttar Pradesh.

2. The petitioner, however, shall abide by the other terms and conditions imposed by order dated January 25, 2023, and shall be entitled to go to the place where the trial is pending, a day prior to the trial.

At the outset, Senior Advocate Siddharth Dave, appearing for Mishra, submitted that the father is no longer an MP and no longer a Minister. "So, the entire controversy that was created, that how influencial I am etc, that goes out," Dave argued.

To this submission, Justice Kant said, "Influential thing, can still be their even if his father is not a Minister." Then the Court asked the Counsels on the status of the trial.

Advocate Prashant Bhushan appearing for the complainant (Farmers) submitted, "Out of 200 witnesses, only 7 have been examined. This is 19 months after they started the trial. This way the trial will never end." He suggested the Bench to ask the Trial Court as to what can done to expedite the trial. "Because otherwise, this trial will not end," he contended.

Additional Advocate General (AAG) Garima Prasad appeared for the State of Uttar Pradesh. She submitted that out of 114 witnesses, 7 have been examined so far.

Dave submitted that the trial will not end as when the trial court calls the witnesses, they do not turn up. "Order after order, the trial court is asking the witness to come, they first say i am un-welll, then they don't want to come. Therefore, this is the situation," the Senior Counsel submitted.

The Bench suggested that it may "confirm" the interim bail granted to him (Ashish Mishra) and the farmers, on the condition that he shall not enter there etc. However, the Bench clarified that it will continue to monitor the trial.

"My father does not have a house, here in Delhi, where do I go, I am living outside from Uttar Pradesh," Dave submitted and requested the Court to relax the condition no. 4 passed in order dated September 26, 2023. He further submitted that Mishra has two daughters, who are studying. "I have to look after them," the Senior Counsel contended.

Justice Kant opined that Mishra should stay away only form the district where the trial is going one. "He can go there only a day before the trial date or we can restrict you to stay in a particular place only in UP, say Lucknow," the added.

After discussion with Mishra, who was present in-person, Dave submitted, "I can stay in Sitapur, which is an adjoining district."

"No, no, Sitapur will be too close. Lucknow will be alright," Justice Kant said.

The Court ordered, "Similarly, the interim bail granted to Guruwinder Singh, Kamaljeet Singh, Gurpreet Singh and Vichitra Singh who were arrested in connection with a separate FIR is also made absolute."

"In our considered view, the trial court proceedings are required to be expedited, provided that, the trial court fixed its schedule of conducting the trial.....We direct the trial court to fix the schedule, keeping in view the other time-bound or urgent matters that are pending, however prioritising the pending subject," the Bench said.

Additionally, the Court directed the trial court to share the status report on the next date of hearing i.e. September 30. "We are not mentioning the term monitoring, we just want to be updated about the trial court proceedings," the Bench clarified.

Pertinently, on February 12, the Court had extended the interim bail granted to Mishra. Last year, in July, the Court had extended the interim bail till September 26, 2023.

According to the Uttar Pradesh Police's FIR, four farmers were mowed down by an SUV in which Ashish Mishra was seated. Following the incident, the driver of the SUV and two BJP workers were allegedly lynched by angry farmers. A journalist also died in the violence.

In its January 25 order, the Apex Court had exercised its "suo-moto constitutional powers" and directed that four accused, Guruwinder Singh, Kamaljeet Singh, Gurpreet Singh and Vichitra Singh who were arrested in connection with a separate FIR lodged over the killing of three occupants of the SUV, which allegedly mowed down farmers there, be released on interim bail till further orders.

While granting eight-week interim bail to Ashish Mishra, the bench had said any attempt made by him, his family, or supporters to influence or threaten the witnesses, directly or indirectly, shall entail the cancellation of interim bail. It had also said Ashish Mishra should surrender his passport to the trial court within one week of his release on interim bail and not enter Uttar Pradesh except to attend the trial proceedings.

The Court had said Mishra shall disclose the place of his residence to the trial court as well as the jurisdictional police station where he would stay during the period of interim bail. "The trial court shall send progress reports to this court after every date of hearing, along with details of witnesses examined on each date," the Court had said.

Cause Title: Ashish Mishra alias Monu v. State of U.P [SLP (Crl) No. 7857/2022]