26 July 2022 7:59 AM GMT
The Allahabad High Court today rejected the bail plea of the Union Minister's Son, Ashish Mishra, who is a prime accused in the Lakhimpur Kheri Violence case. The Court said that if he is granted bail there are chances that he may influence the witnesses.Mishra is facing a case of Murder for an incident that took place on October 3, 2021, when four protesting farmers were killed after they...
The Allahabad High Court today rejected the bail plea of the Union Minister's Son, Ashish Mishra, who is a prime accused in the Lakhimpur Kheri Violence case. The Court said that if he is granted bail there are chances that he may influence the witnesses.
Mishra is facing a case of Murder for an incident that took place on October 3, 2021, when four protesting farmers were killed after they were mowed down by an SUV, in which Mishra was allegedly sitting.
Having heard the arguments for both sides, the Bench of Justice Krishan Pahal had reserved its judgment on the matter on July 15. Earlier, Justice Rajiv Singh of Allahabad High Court's Lucknow Bench had recused himself from hearing the case.
Mishra, who was earlier granted bail by the Allahabad HC in Feb 2022, has to again move to the High Court as the HC's earlier order was set aside by the Supreme Court in April 2022 and had ordered fresh consideration of his bail plea.
The background of the bail plea
Mishra's bail plea was remanded back to the High Court for fresh consideration by the Supreme Court in April 2022 month while allowing the appeal filed by the victims challenging the bail order of Allahabad High Court.
Essentially, the Allahabad High Court had, on Feb 10, granted bail to Ashish Mishra after noting that there might be a possibility that the driver (of Thar) tried to speed up the vehicle to save himself, on account of which, the incident had taken place.
Thereafter, the Victims moved to the Apex Court to challenge HC's order, however, the State of Uttar Pradesh did not challenge the bail order despite a recommendation to that effect being made by the Judge monitoring the Special Investigation Team.
In the order canceling Ashish Mishra's bail in the Lakhimpur Kheri case, the Supreme Court in April 2022 expressed its disappointment at Allahabad High Court for refusing to hear the victims of the case before granting him bail.
The Court had also made a critical comment about the "tearing hurry" shown by the High Court in granting bail to Ashish Mishra, the son of Union Minister Ajay Kumar Mishra.
The Top Court had noted that the High Court ought to have acknowledged the rights of the victims to participate in the hearings of the bail pleas of the accused. The close relatives of the farmers who got killed in the Lakhimpur Kheri violence had sought to intervene in the bail application filed by Mishra before the High Court. However, their lawyers could not make effective submissions as they got disconnected during the virtual hearing. Though they filed an application for rehearing, the High Court did not consider it.
Now, the matter, after being remanded back to the High Court, was before the Bench of Justice Krishan Pahal who had earlier granted two weeks' time to the Victim Jagjeet Singh to file a counter-affidavit.
In related news, denying bail to 4 prime accused in the Lakhimpur Kheri Violence incident, the Allahabad High Court in May 2022 observed that the incident might not have taken place if the Union Minister of State for Home had not made alleged utterances threatening farmers to chase them away from District Kheri.
"Political persons holding high offices, should make public utterances in a decent language considering its repercussions in the Society. They should not make irresponsible statements as they are required to conduct themselves befitting their status and dignity of high office which they hold," the Bench of Justice Dinesh Kumar Singh said.
The Court also found it intriguing as to why the wrestling competition was organized when Section 144 Cr.P.C. was imposed in the area and why the Union Minister of State for Home Ajay Mishra Teni and the Deputy Chief Minister, Keshav Prasad Maurya decided to be present as Chief Guest etc. in the event.
Stressing that the lawmakers cannot be seen to be law violators, the court called it unbelieve that it would not have been within the knowledge of the Deputy Chief Minister of the State that in the area provisions of Section 144 Cr.P.C. were clamped and, any assembly or gathering was prohibited.
Significantly, the Court lauded the efforts of the Special Investigation Team for carrying out a free, fair, impartial and scientific investigation of the offence. With this, the Bench noted that the charge sheet disclosed overwhelming evidence against the accused-applicant and co-accused for the commission of the offence, which has been termed cruel, diabolic, brutal, barbaric, depraved, gruesome, and inhumane.
Case title - Ashish Mishra @ Monu v. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 13762 of 2021]