[Lakhimpur Kheri Violence] Allahabad High Court seeks State's response in 10 days on key accused Ashish Mishra's bail plea

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The Allahabad High Court today sought the State Government's reply within 10 days on the bail plea of one Ashish Mishra @ Monu in the Lakhimpur Kheri violence case. The matter was heard before the Single Judge Bench of Justice Karunesh Singh Pawar.

Mishra’s counsel had argued that the role attributed to him has not been made out yet during the investigation. Thereafter, being apprised by the Additional Advocate General that this matter is being monitored by the Supreme Court and an SIT has been formed, the bench also asked the state to file the statement of all witnesses.

Earlier on November 15, the bail pleas of Ashish Mishra and two others had been rejected by the Lakhimpur Kheri District and Sessions court. Ashish is Union Mister of State for Home Affairs, Ajay Kumar Mishra Teni's son and also one of the key accused in the matter.

The District and Sessions Judge had stated in the order that the investigation is still on in the case and the court did not find any genuine reason to release accused persons on bail.

Co-accused Ashish Pandey and Lavkush Rana had also been denied bail by the lower court. All these three are among the 13 accused, identified and arrested during the investigation of the first FIR regarding the alleged killing of protesting farmers.

Mishra was served a notice under Section 160 of Code of Criminal Procedure,1973 by the UP Police, and had appeared before the Crime Branch Office at Lakhimpur Kheri on October 9.  Thereafter, he was arrested and sent to the Lakhimpur jail on Sunday (October 10) after 12 hours of questioning.

Ashish had been named in the first FIR for murder, criminal conspiracy in connection with the killings at Lakhimpur Kheri. 

Also, a special investigation committee has been formed to probe the violence had identified 12 other accused in the case and arrested them. All the 13 accused are in judicial custody.

There is a second First Information Report (FIR) in the matter which was lodged in connection with the violence during which four others, including two BJP workers, a journalist and the driver of the car, which allegedly mowed down the farmers, were killed.

Supreme court is also overviewing the matter. Two Supreme court lawyers had written to the Apex Court, seeking time-bound CBI probe into the incident.

On November 17, a bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli had appointed Justice (Retd) Rakesh Kumar Jain of Punjab and Haryana High Court to monitor investigation.

The Apex Court had also asked the UP government to reconstitute the Special Investigation Team (SIT) to include IPS officers S.B.Shirodkar, Deepinder Singh and Padmaja Chauhan.

The Incident 

On October 3, 2021, reportedly an unfortunate incident took place at Tikonia Banbirpur Road, District Lakhimpur Khiri,U.P where at least eight people were killed as violence broke out during a farmer's protest against Deputy CM Keshav Prasad Maurya and Union Minister Ajay Kumar Mishra Visits.

It was alleged that the violence ensued in the area after the two SUVs, in the convoy of a union minister, allegedly ran over a group of farmers protesting against the anti-farm laws during the visit of Uttar Pradesh Deputy CM.

In the violent incident(s) total of eight people died including four farm law protestors, two BJP workers, a driver, and a local journalist, while also leaving several others injured.

Cause Title: Ashish Mishra @ Monu vs State of UP