Priyanshu
The Supreme Court of India has granted interim bail to Ashish Mishra, the primary accused in the Lakhimpur Kheri violence case, permitting him to stay in Lucknow under strict conditions. Mishra, son of Union Minister Ajay Mishra, is accused of involvement in the deaths of eight individuals during a farmers’ protest in October 2021.
The bench, comprising Justices Surya Kant and J.K. Maheshwari, emphasized procedural fairness and the necessity for a full trial to determine the facts. Mishra’s bail is limited to eight weeks, with strict restrictions on his movement and communication. Any threat to witnesses will result in the cancellation of bail.
Key Points:
- Bail Granted with Conditions: The bail comes with specific conditions, including restrictions on Mishra’s movement and a requirement to appear before the trial court a day before the scheduled hearings.
- Trial to be Expedited: The Supreme Court emphasized the need to expedite the trial proceedings, directing the trial court to prioritize the case and provide regular updates on its progress.
- Background: Ashish Mishra is the prime accused in the 2021 Lakhimpur Kheri violence case, where eight people, including four farmers, were killed.
- Interim Bail and Extensions: Mishra had been granted interim bail earlier, which was extended multiple times. The recent order makes the interim bail absolute.
Legal Proceedings
The court’s decision to grant bail follows a rejected bail application by the Allahabad High Court and a previous Supreme Court directive for a Special Investigation Team (SIT) to oversee the case. The court noted that charges have been framed and the trial is expected to be prolonged due to the extensive evidence and the necessity of procedural fairness.
This decision underscores the judiciary’s efforts to uphold the principles of justice and procedural fairness, balancing the accused’s right to liberty under Article 21 of the Indian Constitution with the need to ensure a fair trial. The legal community will closely monitor the trial’s progression and adherence to the stipulated conditions.
Case Title: Ashish Mishra alias Monu v. State of U.P
Case Number: SLP (Crl) No. 7857/2022
Bench: Justices Surya Kant and J.K. Maheshwari