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While granting bail to Mishra, Supreme Court had ordered that he would not stay in Uttar Pradesh or the NCT of Delhi, and that he had to mark his attendance at the police station of jurisdiction where he relocated to
Supreme Court today allowed Ashish Mishra, son of Union Minister Ajay Mishra Teni, to visit NCT of Delhi for medical treatment of his mother.
Mishra is an accused in the case registered over the Lakhimpur Kheri violence of October 3, 2021 in which a vehicle rammed into a farmers’ protest against the three farm laws passed by the Union Government, killing two BJP workers, a driver and a journalist.
A bench of Justices Surya Kant and Dipankar Datta has asked Mishra not to enter the state of Uttar Pradesh.
Moreover, Mishra has been directed to not make any public appearances or address the media on the present case.
In January this year, the Supreme Court had granted bail to Mishra while ordering him to not stay in UP or the NCT of Delhi.
Court has directed Mishra to leave the State of Uttar Pradesh within one week after his release from jail.
"Petitioner to give his passport to the trial court, and will not enter the state of Uttar Pradesh, apart from his appearance for trial proceedings", Court had ordered.
These directions were passed by a bench of Justices Surya Kant and JK Maheshwari while considering the balance of interest of the accused and the victims. Earlier, Supreme Court had reserved its verdict in the bail plea filed by Mishra.
When the matter was taken up, a division bench of Justices Surya Kant and JK Maheshwari had observed that since the trial in the case might take 5 years to conclude, as informed on the last hearing and thus, there could not be indefinite incarceration of the accused.
Earlier, Court was informed that the trial in the case would likely be completed in five years' time. A bench of Justices Surya Kant and V Ramasubramaniam had then asked UP's Additional Advocate General, Garima Prashad if any accused, in the other case emanating from the other FIR registered in the matter, had been arrested.
In December 2022, the Supreme Court directed the Registrar (Judicial) to enquire about the expected time it will take to complete the trial from the first additional sessions judge at Lakhimpur Kheri. The State of Uttar Pradesh had also been directed to file an additional affidavit stipulating the pace of the investigation in the case.
Ashish Mishra is one of the 13 accused persons who have been held for murder, criminal conspiracy and certain other offences in the violence case.
The Supreme Court had issued notice to the Uttar Pradesh Government on Ashish’s bail plea on September 6, 2022 and had asked the Uttar Pradesh Government to respond to his petition seeking bail, in which he had challenged the denial of bail to him by Allahabad High Court on July 26.
Case Title: Ashish Mishra @ Monu vs. State of Uttar Pradesh
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