Lakhimpur Kheri violence case: HC grants bail to key accused Ashish Mishra with riders

Ashish Misra will come out of jail after 124 days afer he was arrested on October 9 in connection with the violence in Lakhimpur Kheri district on October 3.
Ashish Mishra, the key accused in the Lakhimpur Kheri violence case. (File Photo | PTI)
Ashish Mishra, the key accused in the Lakhimpur Kheri violence case. (File Photo | PTI)

LUCKNOW: In a major development, the Lucknow bench of Allahabad High Court has granted bail to Ashish Mishra, key accused in the Lakhimpur Kheri violence case and son of Union MoS Ajay Misra Teni, here on Thursday.

Ashish Mishra, currently lodged in Lakhimpur district jail, had moved the bail application in Allahabad High Court after it was rejected by the lower court.

Ashish Misra will come out of jail after 124 days after he was arrested on October 9 in connection with the violence that erupted under Tikunia police station in Lakhimpur Kheri district on October 3.

It may be recalled that eight persons, including four farmers and a local scribe, had lost life after a farmers’ protest turned violent. Ashish Mishra is accused of mowing down four farmers under his Thar Mahindra following which the angry mob of farmers lynched three more persons including two BJP workers and a driver of Teni. The farmers were protesting against the Union MoS for Home Ajay Mishra Teni and also Deputy CM Keshav Maurya who was on Kheri visit on the fateful day.

The Special Investigation Team (SIT) probing the Lakhimpur Kheri violence incident concluded after the probe that there was a planned conspiracy to murder protesting farmers. Mishra along with 12 other persons was booked under various sections of IPC including 307 (attempt to murder), 147,148, 149, 427/34 of IPC, Section 30 of Arms Act, and Section 177 of MV Act for the violence.

The Supreme Court in November 2021 had appointed Justice Rakesh Kumar Jain, former judge of Punjab and Haryana High court to monitor the investigation in the violence case. The SIT had filed a chargesheet in the case on January 3, this year in the lower court.

While granting the bail to Ashish Mishra, the single judge bench, comprising Justice Rajeev Singh, noted after hearing the arguments of both the defence and prosecution, there might be a possibility that the driver of Thar tried to speed up the SUV to save himself, on account of which the incident took place.

The court in its order has observed that primarily only two allegations had been levelled against the accused -- of causing firearm injury to the deceased persons and of provoking his driver to crush the protestors.

In connection with the first charge, the court observed that no firearm injury was found on the body of the deceased or any other person except the injury caused by hitting by a vehicle as per the autopsy report.

In connection with the second charge, the court observed that in the wake of thousands of protestors gathered at the place of the incident, the driver might have tried to speed up the vehicle to save himself, on account of which the incident took place.

The court also observed that after considering the overall facts, the killing of three persons sitting in the Thar vehicle by the protestors could not be overlooked. The court said in its order that the photographs available clearly give an idea of the brutality with which the three persons- Hariom Mishra, Shubham Mishra, and Shyam Sunder -- were killed by the mob.

The court also issued directives to the organisers of the protest to help the investigation agency in identifying the protestors accused of killing the persons sitting in Thar and provide their details.

While granting the bail, the court put forth certain conditions. They are:

1. The applicant will not influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
2. Applicant will cooperate in expeditious disposal of the case and shall not seek any adjournment of the dates.
3. Applicant shall present in person before the trial court on the dates fixed for opening the case, framing the charges and recording of statement under section 133 of CrPC.
4. Applicant shall not leave the state without permission of the court concerned.

The High Court bench also reprimanded the Lakhimpur Kheri district administration for slackness by letting some persons for their political benefit call innocent people to assemble at a place without due permission under the law. It was Section 144 of CrPC running in the district and thousands of protestors from the adjoining districts and states had thronged the place in violation of the law.

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