Supreme Court grants interim bail for 8 weeks to Ashish Mishra in Lakhimpur Kheri case

The Supreme Court on Wednesday granted interim bail for 8 weeks to Ashish Mishra, son of Union Home Minister of State Ajay Mishra, in the 2021 Lakhimpur Kheri case in which 8 persons protesting against the Farm laws were mowed down by a four-wheeler belonging to Mishra [Ashish Mishra @ Monu vs State of Uttar Pradesh]..A bench of Justices Surya Kant and JK Maheshwari also ordered that Mishra cannot stay in Uttar Pradesh or Delhi after his release.The Court will hear the bail plea again on March 14. The Court passed the following directions today:- Ashish Mishra directed to be released on bail for 8 weeks;- Mishra should leave State of Uttar Pradesh within 1 week of his release; - Mishra cannot stay in UP or Delhi;- Mishra shall inform court about his location;- Any attempt by family member of Mishra or Mishra to influence witness will lead to cancellation of bail;- If it is found that Mishra is trying to delay the trial, it will be a valid ground to cancel the bail;- The benefit of interim bail extended to the other four co-accused also by using suo motu powers of the Court;- Mishra has to mark his attendance in the police station of the jurisdiction of his location;- Registry to list the matter for directions after trial court sends a report on the status of witnesses being examined etc. .On October 3, 2021, eight people were killed in Lakhimpur Kheri during violence that erupted when farmers were protesting against the now revoked farm laws. The protestors had impeded the visit of Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya, who planned to attend an event in the area.A vehicle belonging to and allegedly being driven by Mishra mowed down protesting farmers, among others.After he was arrested, the Uttar Pradesh Police's special investigation team (SIT) filed a 5,000-page charge-sheet before a local court, naming Mishra prime accused in the case. In November that year, a trial court had rejected his application for bail, prompting Mishra to move the High Court.The High Court had first granted bail to Mishra on February 10, 2022, stating that there might have been a possibility that the driver of the vehicle that mowed down the protesting farmers sped up the vehicle to save himself.After the High Court granted bail to Mishra in the case, family members of the deceased approached the Supreme Court in appeal, seeking cancellation of the bail. Oddly, the State of Uttar Pradesh did not file an appeal against the bail order.In April 2022, the apex court cancelled the bail granted to Mishra by the High Court and remanded the matter to the High Court for fresh consideration. On July 26 last year, the High Court denied Mishra bail, prompting the present appeal before the Supreme Court.Meanwhile, the trial court in Uttar Pradesh framed murder charges against Mishra in December 2022.The charges were framed under Sections 147 (rioting), 148 (rioting armed with deadly weapons), 149 (offence committed in prosecution of common object), 302 (murder), 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons), 427 (mischief causing damage), 120B (criminal conspiracy) of the IPC and Section 177 of the Motor Vehicles Act..Senior Advocate Mukul Rohatgi appeared for Mishra. Senior Advocate Dushyant Dave with advocate Prashant Bhushan appeared for the complainants, and Additional Advocate General Garima Prashad appeared for the State of Uttar Pradesh. Follow our coverage of the case here. .[Read order]