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Synopsis

The Lucknow Bench of Allahabad High Court today refused to grant bail to Ashish Mishra @ Monu, the key accused in the Lakhimpur Kheri Violence case. Mishra is son of Union Minister of State (Home) Ajay Mishra Teni.

The court had already rejected the bail pleas of co-accused Lavkush, Ankit Das, Sumit Jaiswal and Shishupal on May 9.

Earlier,  another bench of the High court, in February this year, had granted bail to Mishra, however, the Top Court had set it aside remitting the case to the high court for "fresh adjudication."

Today, the bench of Justice Krishan Pahal delivered the judgment which was reserved on July 15th. The order copy is awaited. 

Challenging the Allahabad High Court's earlier order granting bail to Mishra, the family members of the farmers who died in the incident approached the Apex Court.

They alleged that they were prevented from bringing the relevant material as regards the settled principles for grant of bail to the notice of High Court. They further claimed that their counsel was not given a proper opportunity to place their arguments.

The Top Court noted that while granting Mishra bail, the High Court had denied the victims their right to participate in the proceedings.

Therefore, remitting the case to the high court for "fresh adjudication" of the bail application, the Apex Court bench comprising Justices Surya Kant and Hima Kohli said that the same should be done in a "fair, impartial and dispassionate" manner, keeping in mind the principles laid down in Prasanta Kumar Sarkar v. Ashis Chatterjee & Anr., in which the Apex Court had elucidated various factors while considering an application for bail.

Justice Pahal heard the matter at length over the span of two months before reserving it for judgment.

Backdrop of the matter:

In the October 3, 2021 case, a total of 14 people had been made accused. Allegedly, during a protest against Center's three Farm Laws, a Thar car mowed down protesting farmers. Resultantly, violence broke out in which eight people died including four farm law protestors, two BJP workers, a driver, a local journalist, and several others were injured.

Two FIRs were lodged in connection with the violence. It is alleged that Mishra was in the Thar car and he fired gunshots on farmers while escaping from the place of the incident. 

The proceedings in the Lakhimpur Kheri violence case(s) are going on before the District Court in which Uttar Pradesh Police filed an exhaustive chargesheet running into 5000 pages on January 3.

Case Title: Ashish Mishra @ Monu v. State of U.P.