Lakhimpur Kheri: SC Grants Interim Bail to Union Minister's Son Ashish Mishra

The Supreme Court bench granted him interim bail, reportedly in order adjudge the impact of his release on trial.

Ashish Mishra.

(Photo: Altered by The Quint)

The apex court, on Wednesday, 25 January, granted interim bail to Ashish Mishra, son of Union Minister Ajay Mishra Teni. Mishra was named accused in the Lakhimpur Kheri case after vehicles, allegedly from his convoy, mowed down a group of farmers in 2021.

While deciding to keep Mishra’s regular bail applications pending, a bench of Justices Surya Kant and JK Maheshwari granted him interim bail, reportedly in order adjudge the impact of his release on trial.

The plea will be heard next on 14 March, after the trial court examines the witnesses and sends a report on their status.

What else did the court direct? According to LiveLaw, the bench also directed Mishra to: 

• Leave the state of Uttar Pradesh (UP) within a week of release on interim bail

• Not stay either in UP or Delhi NCT

• Enter UP to attend only trial court proceedings

• Surrender his passport before the trial court

The court further said that any attempts by Mishra, his family or supporters to influence or intimidate the witness will result in cancellation of bail.

Any attempt to delay the trial will also be a valid ground for cancellation of his bail. 

Arguments raised: Senior Advocate Mukul Rohatgi, appearing for Mishra, dubbed the incident a “fracas” and contended that the deaths occurred after the driver lost control of the vehicle because the farmers had attacked it.

Senior Advocate Dushyant Dave, appearing for the victims, argued that the crime was premeditated. He also asked if the Supreme Court will lay down a uniform law entitling every murder accused to be granted bail after one year in custody, given that apex court has consistently refused to interfere if both the High Court and the trial court have denied bail. 

Additionally…The apex court invoked its suo-motu power and granted interim bail to four persons who were accused in the counter case (against the farmers), reported LiveLaw.

Subject to furnishing of bail bonds to the trial court, these four will be released on interim bail until further orders.

Background:

• The Allahabad High Court granted bail to Mishra in February 2022

• The order was set aside by bench led by (then) Chief Justice of India NV Raman in April 2022

• The high court dismissed the bail plea after re-hearing the matter in July 2022