Supreme Court Refuses To Relax Ashish Mishra's Bail In Lakhimpur Kheri Case

The Bench led by Chief Justice of India Surya Kant rejected Mishra's plea seeking relaxation of the conditions to enable him to attend family functions, including his daughters' birthday celebrations.

"There is no ground to entertain this prayer at this stage... The application is dismissed," the CJI said.

During the hearing, Mishra's counsel submitted that the existing bail conditions were causing undue hardship.

"I am not even able to attend family functions, including my daughters' birthday celebrations," counsel for Mishra argued while pressing for a relaxation of the restrictions.

The Bench, however, declined the request.

The hearing also saw concerns being raised over the manner in which the trial is progressing. Appearing in the matter, Advocate Prashant Bhushan alleged that several crucial witnesses, including eyewitnesses, were being dropped because of the pace at which the trial was being conducted.

"My Lord, one of the problems is the manner in which the trial is proceeding. Many of the critical witnesses have been given up because of the speed and haste with which the trial is being conducted. They are summoned for the very next day, and if they do not appear the next day, they are given up," Bhushan submitted.

He informed the Court that he intended to file an application highlighting the alleged irregularities in the trial.

The CJI, however, questioned why the Supreme Court should entertain such grievances in the first instance.

"Why would we be the appropriate forum to entertain such an application? You should first approach the trial court itself and point out that these are the witnesses who are crucial," the Bench observed.

Bhushan further submitted that documents were being translated and sought a week's time. He also alleged that a person accused of attempting to influence a prosecution witness had been charge-sheeted, following which the intimidated witness was subsequently dropped.

"In the meantime, one of his supporters was charge-sheeted for trying to influence a witness," Bhushan said.

Mishra's counsel immediately objected, stating, "He is not my supporter."

Bhushan further alleged that the witness had now moved an application seeking permission to participate in the trial.

Responding, the CJI said the Court would consider that application separately but reiterated that any grievance regarding the dropping of witnesses must first be placed before the trial court.

"We will take up that application. But you should move an application before the trial court. The trial court is the best forum to determine whether these witnesses are crucial. You may explain why those witnesses are important and what issues they relate to," the CJI observed.

When Bhushan pointed out that some of the dropped witnesses were eyewitnesses, the Bench remarked, "That is all the more reason why the application should be made before the trial court."

Bhushan thereafter sought a two-week adjournment, stating that the witness list had only recently been supplied.

The Court, however, refused to interfere with Mishra's bail conditions while leaving it open to the parties to pursue their grievances regarding the conduct of the trial before the trial court.

Previous Hearings

Uttar Pradesh police made this submission before the bench. In the case alleging witness intimidation, only one person, Amandeep Singh has been charge-sheeted by the police.

In January last year, court had directed the Uttar Pradesh police to submit a report on the allegations that Ashish Mishra, son of former Union Minister Ajay Mishra, was influencing witnesses. A bench of Justices Surya Kant and N Kotiswar Singh, had in its order observed, "The applicants seek the cancellation of bail granted to Ashish Mishra. They have relied on certain material to accuse the petitioner of misusing the concession of bail and violating the terms and conditions of the bail granted. The petitioner has filed an affidavit, and Advocate Prashant Bhushan wishes to place additional material on record. We direct the police administration to submit a report on the allegations made."

In July 2024, the Supreme Court had granted bail to Mishra, son of Union Minister Ajay Mishra Teni, in a case registered over the Lakhimpur Kheri violence of October 3, 2021. A bench of Justices Surya Kant and Ujjal Bhuyan had then directed the trial court to expedite hearing.

In December 2022, the Supreme Court had directed the Registrar (Judicial) to enquire about the expected time it will take to complete the trial from the first additional sessions judge at Lakhimpur Kheri. The State of Uttar Pradesh had also been directed to file an additional affidavit stipulating the pace of the investigation in the case. A bench of Justices Surya Kant & Krishna Murari had also contemplated on the need to balance the rights of the accused persons behind the Lakhimpur Kheri incident with those of the victims and witnesses.

Ashish Mishra is one of the 13 accused persons who have been held for murder, criminal conspiracy and certain other offences in the violence case. The Supreme Court had issued notice to the Uttar Pradesh Government on Ashish’s bail plea on September 6, 2022 and had asked the Uttar Pradesh Government to respond to his petition seeking bail, in which he had challenged the denial of bail to him by Allahabad High Court on July 26.

On April 18, 2022 the Supreme Court cancelled the bail given to Ashish Mishra by the Allahabad High Court. Earlier, the bail pleas of Mishra and two others had been rejected by the Lakhimpur Kheri District and Sessions court on November 15, 2021.

What is the Lakhimpur Kheri case:

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 v. State of Uttar Pradesh

Bench: CJI Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana

Hearing Date: August 6, 2026