The Supreme Court permits Ashish Mishra to visit his hometown in Lakhimpur Kheri for Diwali, subject to the bail conditions already imposed. The trial is pending, the charges are allegations and the presumption of innocence applies.
New Delhi: The Supreme Court on Monday, October 26, 2026, permitted Ashish Mishra alias Monu, the accused in the 2021 Lakhimpur Kheri violence case, to visit his hometown in Lakhimpur Kheri to celebrate Diwali with family and close relatives, with a direction to return on the 16th of the coming month [Ashish Mishra Alias Monu v. State of U.P.].
A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana passed the order in SLP (Crl) No. 7857 of 2022, in which Mishra is the petitioner. He is the son of former Union Minister Ajay Mishra Teni.
How the case reached here
The case arises from the violence of October 3, 2021 in Lakhimpur Kheri, Uttar Pradesh, during a protest by farmers against the now repealed farm laws, in which farmers were killed after vehicles allegedly linked to Mishra’s convoy ran over protesters. Mishra was granted bail by the Supreme Court on the condition that he would not enter Lakhimpur Kheri except to appear in the trial.
That condition has since been relaxed in stages, including permission to visit his hometown on weekends and, earlier, for specific family occasions. The trial court framed charges against him and others in December 2023. The allegations are untested, the Court has expressed no view on the merits, and Mishra is presumed innocent.
What the Court ordered
Senior Advocate Siddharth Dave, for Mishra, sought a visit of one week and pointed out that the Court had granted similar relaxations for earlier festivals. The Court recorded:
The petitioner is permitted to visit his hometown in Lakhimpur Kheri to celebrate the coming Diwali festival with family and close relatives.
The permission is subject to the conditions imposed earlier, and the order directs that Mishra shall return on the 16th. No fresh conditions were reported.
Trial status and the Court’s remarks
Advocate Ruchira Goel, appearing for the State of Uttar Pradesh, told the Bench that a Special Public Prosecutor has been appointed. Of the 131 witnesses in the case, 90 have been examined and 41 remain. The Chief Justice said the trial should be concluded in good time, without a tearing hurry but also without prolonged delay, and that the prosecution has to maintain the balance. The matter remains pending so that the progress of the trial can be monitored.
The trial judge
Advocate Prashant Bhushan, for the victims’ side, told the Court that they were satisfied with the transfer of the trial judge, in whom they had earlier expressed a lack of confidence, but added that the judge had only been transferred so far and that further action could follow. Mr Dave submitted that the transfer was a routine administrative exercise and not based on any suspicion or adverse finding against the judge.
The Chief Justice said the Court was not saying anything against anyone, and that whatever corrective measures the Allahabad High Court has taken are good enough. The Court had earlier asked the High Court to take appropriate action on its vigilance report concerning the trial judge.
Why the order matters
The order shows the Court continuing to loosen, case by case, a bail condition that was designed to keep the accused away from witnesses, while retaining control through the earlier conditions and a fixed return date. The Court’s remarks on the pace of the trial, with 41 witnesses still to be examined, keep the focus on a prosecution that is now four years old.
Case Title: Ashish Mishra Alias Monu v. State of U.P. [SLP (Crl) No. 7857 of 2022]
Bench: Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana, Supreme Court of India
Date of Order: October 26, 2026
Appearances: Senior Advocate Siddharth Dave for Ashish Mishra; Advocate Ruchira Goel for the State of Uttar Pradesh; Advocate Prashant Bhushan for the victims’ side