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Before Allahabad High Court today on bail plea of Ashish Mishra, the key accused in Lakhimpur Kheri Violence case, his counsel submitted that all along the prosecution case, Mishra has only been accused of sitting beside the driver of the Thar car and running away after the alleged accident in which farmers were killed. 

Senior Advocate Gopal Das Chaturvedi, appearing on behalf of Mishra before the bench of Justice Rajeev Singh, submitted that even the postpartum reports of any of the alleged victims have not revealed any firearm injury which negates allegations that Mishra had fired his gun on protesting farmers. 

He also alleged that it is natural that after such an accident, a person whose life seems to be in danger would try to run away. To be noted, it has been stated by many of the witnesses that they saw Mishra running away from the Thar car after it rushed and killed protesting persons. 

Sr. Adv. Chaturvedi thus concluded his submissions stating that there is no evidence on record to show that the Thar driver had caused the accident on Mishra's order or even that the accident was deliberate. "Therefore, there is nothing which can hold my client criminally liable or vicariously liable for the killing of the alleged protestors," Sr. Adv. Said. 

However, counsel for the complainant in the case, namely Jagjeet Singh, countered Sr. Adv. Chaturvedi's argument stating that it is not possible that the driver of such an influential person, whose father is a Union Minister, can rush the car and kill people without his permission. 

He said that it was on Mishra's command that Thar's driver Hari Om had committed the act of killings. However, when the court enquired whether he had any evidence to support his argument, he replied in negative and insisted on the obviousness of the situation. 

In conclusion, after hearing final arguments of all the parties, as the court was about to reserve the order, one correction application was filed which the court allowed. 

Accordingly, the corrections have been ordered to be made in the bail plea, as pleaded, by the end of the day and final arguments have concluded as of now. 

Mishra, who has been named as the prime accused in the case, is in jail since October 10, 2021. The case is being investigated by a Special Investigation Team which is being monitored by Justice (Retd) Rakesh Kumar Jain of Punjab and Haryana High Court. 

The case

On October 3, 2021, an incident took place at Tikonia Banbirpur Road, district Lakhimpur Kheri, U.P where at least 8 people were killed as violence broke out during a farmers' protest against Deputy CM Keshav Prasad Maurya and Union Minister Ajay Kumar Mishra's visits.

It was alleged that the violence ensued in the area after two SUVs including Mishra's Thar allegedly ran over a group of farmers protesting against the anti-farm laws during the visit of Uttar Pradesh Deputy CM. Mishra and all 12 other accused are currently in judicial custody. 

Case Title: Ashish Mishra @Monu Mishra v. State of UP