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Synopsis

The Allahabad High Court today reserved judgment on the bail plea of Ashish Mishra @ Monu, the key accused in the Lakhimpur Kheri Violence case.

 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."

The Supreme Court bench comprising Justices Surya Kant and Hima Kohli had noted that while granting Mishra bail, the High Court had denied the victims their right to participate in the proceedings.

Thereafter, the case was sent before a fresh bench of Justice Krishan Pahal, which reserved the judgment on the same today. 

remitting the case to the high court for "fresh adjudication" of the bail application, the Apex Court bench had 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.

The High Court fresh bench has heard the matter at length over the span of two months. 

After Mishra's bail the first time, the family members of the deceased farmers in the incident had approached the Apex Court challenging the Allahabad High Court's order granting bail to Mishra, son of Union Minister of State (Home) namely Ajay Mishra Teni.

They had alleged that they were prevented from bringing the relevant material as regards the settled principles for grant of bail to notice of High Court.

In the October 3, 2021 case, a total of 14 people had been made accused. Allegedly, a Thar car was run over protesting farmers after which violence had broken out in which eight people died including four farm law protestors, two BJP workers, a driver, and a local journalist, while also leaving several others injured.

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

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