22-Jul-2024 10:09 PM
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New Delhi, Jul 22 (Reporter) The Supreme Court on Monday granted bail to ex-Union minister Ajay Mishra’s son, Ashish Mishra, in the case related to the 2021 Lakhimpur Kheri violence that claimed eight lives during a protest against farm laws.
A bench, comprising Justices Surya Kant and Ujjal Bhuyan, converted the interim bail order to an absolute (regular) bail order.
The court imposed certain conditions on Mishra and directed him to either stay in Delhi or Lucknow, Uttar Pradesh. But he cannot go to the place of trial.
The court directed Mishra to abide by the other terms and conditions imposed in the 2023 order and can only be entitled to go to the place of trial a day before the date of hearing.
The bench also directed the trial court to expedite the hearing in the Lakhimpur violence case.
Senior Advocate Siddhartha Dave appeared for Ashish Mishra and said, "His father lost the elections. Is no longer an MP or minister. So, this whole contention of him influencing the trial goes."
The bench remarked that, “You can be influential without your father being a Minister also."
Last year, the Supreme Court bench, comprising Justices Surya Kant and J K Maheshwari, granted him interim bail for eight weeks, which was extended from time to time.
The apex court while granting interim bail had imposed certain conditions on Mishra which included leaving the state of Uttar Pradesh as there was a likelihood of his influencing the witnesses.
The court had directed Mishra to leave Uttar Pradesh within one week of availing interim bail and not to stay in UP or the NCR of Delhi during his period of interim bail.
This condition was modified to the extent that he was allowed to stay in Delhi.
Now the bench permitted Mishra to stay either in Delhi or Lucknow, UP. He was also asked to abide by the other terms and conditions imposed in the 2023 order and be entitled to go to the place of trial a day prior.
On Dave’s arguments that the witnesses do not turn up when called and Mishra be allowed to at least go to Lucknow.
He has two daughters -- one is studying in class 12. Let him reside outside Lakhimpur at least in Lucknow.
The bench then said, “Interim bail is made absolute subject to following conditions – that the Petitioner is permitted to stay either in Delhi NCR or Lucknow and allowed to go to the place of trial a day prior.
The bench noted that only seven out of 114 witnesses have been examined so far. "In our view trial court proceedings need to be expedited."
This can only be if the trial court fixes a schedule for witnesses to appear in advance and the State ensures their presence and parties extend full cooperation, it said.
"We accordingly direct the trial court to implement the same to the extent possible according to priority," the bench directed.
“The Public Prosecutor shall ensure not more than five witnesses are examined on one day. Parties to extend full cooperation. Status report to be sent by trial court before next date of hearing. Bail matter is disposed of, but we are keeping the matter pending to be updated about trial," the court said and posted the matter to be listed for hearing after two months.
UP Additional Advocate General (AAG) Garima Prashad appeared for the State...////...