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Lakhimpur Kheri: SC To Hear Plea Challenging Ashish Mishra's Bail on 15 March

The matter was originally listed for this Friday, 11 March, which CJI Ramana said was an office mistake.

The Quint
Law
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<div class="paragraphs"><p>Ashish Mishra, the son of Union Minister Ajay Teni Mishra and the 'main accused' in the Lakhimpur case. Image used for representational purposes.</p></div>
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Ashish Mishra, the son of Union Minister Ajay Teni Mishra and the 'main accused' in the Lakhimpur case. Image used for representational purposes.

(Photo: The Quint)

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The Supreme Court on Friday, 11 March, listed a plea challenging the grant of bail to Ashish Mishra, the prime accused in the Lakhimpur Kheri violence, for hearing on 15 March.

The matter was originally listed for this Friday, as pointed out by Advocate Prashant Bhushan in his address to the Chief Justice of India (CJI) NV Ramana-led bench. Bhushan also said:

“Last night there was an attack on one of the prime witnesses of the case.”

The CJI, however, stated Friday’s listing was an office mistake and “this will be heard on Tuesday".

Eight people, including four farmers, were killed in Uttar Pradesh's Lakhimpur Kheri on 3 October 2021, after being run over by a convoy of cars. Bhushan is representing the family members of the farmers who lost their lives.

Union Minister Ajay Mishra’s son Ashish Mishra, whose car was part of the convoy, had subsequently been charged with murder and arrested on 10 October. However, he was granted bail by an order of the Allahabad High Court on 10 February.

Granting bail to Mishra, Justice Rajeev Singh had said in his order:

"It is evident that as per the FIR, the role of firing was assigned to the applicant (Ashish Mishra) for killing the protesters, but during the course of the investigation, no such firearm injuries were found either on the body of any of the deceased or on the body of any injured person," Justice Singh said in the order.

"Thereafter, the prosecution alleged that the applicant provoked the driver of the vehicle for crushing the protesters, however, the driver along with two others, who were in the vehicle, had been killed by the protesters," the High Court judge further added.

“It is further evident that during the course of the investigation, notice was issued to the applicant and he appeared before the Investigating Officer. It is also evident that the charge sheet has already been filed. In such circumstances, this Court is of the view that the applicant is entitled to be released on bail.”
Allahabad High Court

Justice Rajeev Singh had then granted bail to Mishra on him furnishing a personal bond and two reliable sureties, each of the same amount, to the satisfaction of the court.

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