Supreme Court Modifies Ashish Mishra’s Bail Terms Amidst Ongoing Judicial Proceedings
The Supreme Court, in a recent judgment, has made alterations to the bail conditions of Ashish Mishra, an accused in the Lakhimpur Kheri case. The apex court has now permitted Mishra to
“enter and stay in the National Capital Territory (NCT) to look after his unwell mother and daughter.”
This decision was rendered by a bench comprising Justices Surya Kant and Dipankar Dutta, in response to a plea submitted by Mishra.
However, the court was explicit in its directives, stating that Mishra
“should not attend any public function in Delhi or address the media in relation to the case which is sub judice.”
Delving into the background of the case, post his arrest, the Uttar Pradesh Police’s Special Investigation Team (SIT) submitted a comprehensive 5,000-page charge-sheet in a local court, pinpointing Mishra as the main accused. Following this, in November, Mishra’s bail application was “rejected” by a trial court, prompting him to seek relief from the High Court.
The High Court, in its initial judgment on February 10, 2022, granted Mishra bail, stating that
“there is a possibility that the driver of the vehicle that mowed down the protesting farmers, sped up the vehicle to save himself.”
This decision was not without its detractors. The families of the deceased farmers approached the Supreme Court, seeking the annulment of Mishra’s bail. Notably, the State of Uttar Pradesh abstained from challenging the bail order.
In a subsequent turn of events in April 2022, the Supreme 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, the High Court once more
“denied Mishra bail,”
leading him to appeal to the Supreme Court, which eventually granted him bail.
In a parallel development in December 2022, a trial court in Uttar Pradesh
“framed murder charges against Mishra.”
The charges were detailed under various sections of the Indian Penal Code (IPC), including 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), and Section 177 of the Motor Vehicles Act.
This case, with its numerous twists and turns, remains under the spotlight, emphasizing the complexities and nuances of the judicial process in high-stakes cases.