SC refuses to relax Bail conditions of Ashish Mishra

The Supreme Court dismissed Ashish Mishra's plea seeking relaxation of his bail conditions in the 2021 Lakhimpur Kheri violence case. The court also advised victims' counsel to raise concerns over trial proceedings and witnesses before the trial court

New Delhi: The Supreme Court on Thursday refused to further relax the bail conditions of Ashish Mishra, the prime accused in the 2021 Lakhimpur Kheri violence case. A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana dismissed Mishra’s application seeking relaxation of his bail conditions and permitting him to visit his native place to take part in family functions. The counsel for Mishra said that due to the existing restrictions, he is unable to attend family functions, including his daughters’ birthday celebrations.

“There is no ground to entertain this prayer at this stage. The application is dismissed,” the CJI said. During the hearing, advocate Prashant Bhushan, appearing for victim farmers, expressed concern over the manner in which the trial was being conducted, alleging that several crucial witnesses, including eyewitnesses, were being dropped because of the speed at which the proceedings were being carried out.

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“One of the problems is the manner in which the trial is proceeding. Many of the critical witnesses have been given up because of the speed and haste with which the trial is being conducted. They are summoned for the very next day, and if they do not appear the next day, they are given up,” he said. Bhushan said he intended to file an application highlighting these concerns. The CJI said such grievances should first be raised before the trial court.

“Why would we be the appropriate forum to entertain such an application? You should first approach the trial court itself and point out that these are the witnesses who are crucial,” the bench said. Bhushan also said that certain documents were being translated and referred to a separate case in which an individual had been charge-sheeted for allegedly attempting to influence a witness.

The counsel for Ashish Mishra objected to the submission that the person was Mishra’s supporter. Bhushan said the witness, who was allegedly intimidated, had subsequently been dropped from the witnesses’ list and had now moved an application seeking permission to participate in the trial. The bench said it would consider that application, but reiterated that the trial court was the appropriate forum to decide whether the witnesses sought to be examined were material to the case.

“The trial court is the best forum to determine whether these witnesses are crucial. You may explain why those witnesses are important and what issues they relate to,” the bench said. When Bhushan pointed out that some of them were eyewitnesses, the CJI said that this made it all the more necessary to move the trial court.

On October 3, 2021, eight people, including four farmers, were killed in Tikunia in Uttar Pradesh’s Lakhimpur Kheri district during a protest by farmers against Deputy Chief Minister Keshav Prasad Maurya’s visit to the area. Four farmers were mowed down by a sports utility vehicle. A driver and two BJP workers were then allegedly lynched by angry farmers. A journalist also died in the violence.

In December 2023, the trial court framed charges against Mishra and 12 others, including charges of murder, criminal conspiracy and other offences, paving the way for the commencement of the trial in the main case.