Lakhimpur Kheri Violence Case: SC Asks District Police to Check Genuineness of Fresh Evidence Placed by Victims Over Alleged Violation of Bail Condition by Accused Ashish Mishra

After noting that fresh evidence is sought to be placed from both the victim's and accused's side, a Bench of Justices Surya Kant and Ujjal Bhuyan asked the District Superintendent of Police (SP) in Lakhimpur Kheri to file a report either in support or against the grounds seeking cancellation accused Ashish Mishra's bail.

The Supreme Court on Monday directed the District Police to verify the authenticity of fresh evidence submitted by the victims regarding the alleged violation of bail conditions by Ashish Mishra, an accused in the Lakhimpur Kheri violence case.

The Bench of Justices Surya Kant and Ujjal Bhuyan noted that both the victims and the accused sought to submit fresh evidence. In light of this, the Court directed the District Superintendent of Police (SP) in Lakhimpur Kheri to file a report either supporting or opposing the grounds seeking cancellation of Ashish Mishra's bail.

"The applicant (victims) seeks cancellation of bail granted to Ashish Mishra. They have relied upon some materials accusing Mishra of misusing cancellation of bail and violating conditions on which bail was granted. Mr. Bhushan, counsel for the complainant, wants to place on record more material. In our view the veracity and genuineness of such material can be gone into by police administration who may then submit a report on support or against the ground seeking cancellation of bail," the Court noted in its order.

The Court listed the matter to be heard next in four weeks time.

Senior Advocate Siddhartha Dave, appearing for Mishra, refuted the allegations against his client, asserting that the victims' side frequently makes such claims. On the other hand, Advocate Prashant Bhushan stated that one of the witnesses in the case is willing to testify against Mishra, alleging that he was instructed not to provide evidence against the accused.

The top court had earlier asked Mishra to respond to the allegations of threatening witnesses in the case against him in November last year.

The Court had earlier modified the interim bail conditions of Mishra, permitting him to stay either in Delhi or Lucknow. Further, it had also issued directions to expedite the trial in the Lakhimpur Kheri violence case and made its interim order absolute.

Mishra was granted interim bail by the top court for eight weeks in January 2023, subject to various conditions. The bail was later extended on multiple occasions.

The Court had directed Mishra to notify the concerned court of his location. It had also clarified that any attempt by Ashish Mishra or his family to influence witnesses and try to delay the trial may lead to cancellation of his bail. The court further directed Mishra to mark his attendance at the concerned police station of his location.

Son of former Union Minister Ajay Mishra, Ashish Mishra approached the Supreme Court challenging the Allahabad High Court, which denied bail to him in connection with the Lakhimpur Kheri violence case.

The bail was denied by the Lucknow bench of the Allahabad High Court in March 2022. Later, Ashish Mishra moved the Supreme Court against the said order, which was filed through advocate on record T. Mahipal. Mishra is facing a murder case for the incident that took place on October 3, 2021, in which eight people, including four farmers, were killed in Lakhimpur Kheri.

Mishra allegedly ran over the farmers who were protesting against the Centre's three farm laws. He was arrested on October 9 and granted bail in February 2022.

Mishra again approached the High Court after the Supreme Court set aside the court's earlier order in April 2022 and ordered fresh consideration of his bail plea.

The top court had earlier set aside the Allahabad High Court order dated February 10, 2022, and remitted the matter back to the High Court. The top court observed that the order of the Allahabad High Court could not be sustained and had to be set aside, and the bail bonds of the respondent/accused were cancelled. The Court directed Ashish Mishra to surrender within a week.

The family members of the victims of the Lakhimpur Kheri incident approached the Supreme Court, challenging the Allahabad High Court order, which granted bail to Ashish Mishra. At the time, the top court had cancelled Mishra's bail plea.

Earlier, the Court had appointed a committee headed by former Punjab and Haryana High Court judge Rakesh Kumar Jain to monitor the probe into the Lakhimpur Kheri violence. (ANI)