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Synopsis

In a significant judgment on Monday, the Allahabad High Court granted bail to 12 accused persons in the Lakhimpur Kheri violence case, which resulted in the deaths of five people in October 2021.

The court observed that the case against the accused was more favorable than that of Ashish Mishra, the main accused, who was granted bail by the Supreme Court in July this year.

The single judge bench of Justice Krishan Pahal noted that the trial was unlikely to conclude anytime soon, and that there was no evidence to suggest that the accused had misused their interim bail.

Justice Pahal, in his judgment, also addressed the applicants' criminal antecedents, stating that the state had not provided any material to show that the accused had attempted to evade the legal process. He emphasized that a criminal history alone cannot be grounds for denying bail if the accused is otherwise entitled to it.

Moreover, court's decision considered several factors, including the cross-version of events in the case, the fact that the Supreme Court had made the interim bail granted to four accused persons in the cross-version final, and the slow progress of the trial.

The 12 accused granted bail include Nandan Singh Bisht, Latif Alias Kale, Satyam Tripathi Alias Satya Prakash Tripathi, Shekhar Bharti, Dharmendra Singh Banjara, Ashish Pandey, Rinkoo Rana, Ullas Kumar Trivedi Alias Mohit Trivedi, Ankit Das, Lavkush, Sumit Jaisawal, and Shishupal. While eight of the accused were moving their first bail pleas, four were seeking a second bail plea. The court combined all the applications and heard them together.

The accused claimed they were not named in the FIR, with their involvement emerging only through witness statements. They argued that fatalities occurred on both sides, making it unclear who was the aggressor, and noted that the farmers’ gathering wasn’t peaceful due to Section 144 CrPC restrictions. Highlighting the trial’s slow pace, with only seven of 114 witnesses examined, the applicants also referred to the Supreme Court’s bail order for Ashish Mishra in support of their plea.

On the other hand, the Additional Government Advocate (AGA) opposed the bail applications, arguing that the accused should not be granted bail. However, it was acknowledged that the accused had not misused the liberty of bail previously granted to them.

Resultantly, the high court granted bail to the accused, highlighting that the objective of bail is to ensure the accused's attendance at trial.

It noted, "It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses".

Case Title: Nandan Singh Bisht Vs. State Of U.P. and Connected Matters