Carefully comply with bail conditions, SC tells Ashish Mishra in Lakhimpur Kheri violence case

The Supreme Court on Wednesday told Ashish Mishra -- son of former Union Minister of State for Home, Ajay Kumar Mishra -- to carefully comply with the bail conditions imposed on him in the 2021 Lakhimpur Kheri violence case.

Advocate Prashant Bhushan, appearing for families of the deceased, apprised a bench presided over by Justice Surya Kant, which was dealing with the status of trial in the Lakhimpur Kheri violence case, that Ashish Mishra has been participating in public meetings in violation of the order granting bail.

“The bail condition said that the accused will be entitled to go to the place where the trial is pending a day prior to the date fixed in the trial case. Ashish Mishra went there on 2nd October, which is a holiday and there was no date fixed for trial on October 3rd. He held a massive rally and public meetings there. We know he was there, let him respond as to whether he went there or not. We will produce photographs,” said Bhushan.

Opposing this, senior advocate Siddharth Dave, representing Ashish Mishra, said: “Please produce the photographs. Every time this matter comes up, my friend makes an allegation regarding violation of bail order.”

“We will file an application seeking contempt of court. He is violating the bail conditions imposed,” responded Bhushan.

Intervening, the Bench, also comprising Justice Dipankar Datta said, “You file an application. If somebody merely put the hoarding or he (Ashish Mishra) was actually there. Once we have imposed the conditions, those must be carefully complied with.”

The apex court adjourned the hearing as a copy of the trial judge's report was not placed on record and in the meantime, asked Bhushan to file a formal application regarding violation of bail conditions.

In July, the Supreme Court confirmed and made absolute interim bail granted to Ashish Mishra, taking note of the fact that only seven of the 114 witnesses were examined till then.

It had asked the trial court to expedite the pending proceedings and ordered Ashish Mishra to stay in Lucknow or Delhi only.

The Supreme Court in January 2023 had imposed a slew of conditions while granting interim bail to Mishra.

It had ruled that Ashish Mishra would have to leave Uttar Pradesh within one week of his release; he cannot stay in UP or Delhi/NCR; he shall inform the court about his location; and any attempt by his family members or Mishra himself to influence witnesses would lead to cancellation of his bail.

The apex court added that Mishra would have to surrender his passport; he would not enter UP except to attend the trial proceedings; and, the prosecution, SIT, Informant or any family member of the victims of the crime would be at liberty to promptly inform the apex court of any incident of misuse of the concession of the interim bail.

Subsequently, it relaxed the bail condition of Ashish Mishra to stay in the national capital considering the fact that his mother was admitted to a hospital in Delhi and his daughter also required medical treatment.

In October 2021, eight people were killed in Lakhimpur Kheri District's Tikunia in violence that erupted when farmers were protesting against UP Deputy Chief Minister Keshav Prasad Maurya's visit to the area.

According to the UP Police FIR, four farmers were mowed down by an SUV, in which Ashish Mishra was seated.