Uttar Pradesh : High Court grants bail to ‘Minister’s son’ Ashish Mishra in Lakhimpur Case
The High Court has dismissed the police investigation against Ashish Mishra, son of Union Minister Ajay Mishra Teni, in the case of ‘murder’ of farmers in Lakhimpur Kheri, UP. The court ordered Ashish to be released on bail. In the order of bail to Ashish Mishra, the Allahabad High Court has raised questions on the police. The court said that in the FIR, Ashish Mishra was said to be the one who fired but no one got bullet injuries. The jeep driver was described as provoking to crush the protesters but the driver and others were killed by the protesters. Ashish Mishra also joined the investigation of the case. Despite Section 144, the High Court raised questions on the district administration even after gathering of thousands of people. The court said that if the prosecution is to be believed that thousands of people had gathered, there could be a possibility that the driver tried to accelerate the vehicle to save himself, which led to the incident.
The High Court observed that in full view of the facts and circumstances of the case, it is clear that as per the FIR, Ashish Mishra fired to kill the protesters but during the course of investigation, no body was found on the body of any deceased or any injured person. No bullet injury was found. Subsequently, the prosecution alleged that Ashish instigated the driver of the vehicle to crush the protesters. However, the driver along with two others in the vehicle was killed by the protesters. It is also clear that during the investigation notice was issued to Ashish and he appeared before the investigating officer.
It is also clear that the charge sheet has already been filed. In such circumstances, this Court is of the view that the applicant is entitled to be released on bail. To be released on conditions along with personal bond and two reliable sureties of equal amount to the satisfaction of the court concerned
(1) shall not attempt to influence the witnesses or tamper with the evidence of the case or otherwise abuse the liberty of bail
(2) shall co-operate fully in the speedy disposal of the case and shall not in any way demand the postponement of the case on the dates fixed for the evidence when the witnesses appear in the court.
(3) be present in person before the trial court on the dates fixed for (a) opening the case, (b) framing the charges; and (c) on recording of statement under section 313 Cr.
(4) He shall not leave the State without the leave of the Court concerned.
Any contravention of these conditions shall be treated as abuse of bail and the trial court shall be at liberty to pass appropriate orders in the matter of cancellation of bail.
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The court also raised questions on the district administration and said that it is necessary to mention here that there was a serious lack of district administration as some people for their political gains assemble innocent persons without proper permission under the law, although section 144 is imposed. Thousands of people from different districts, even from other states, gathered at one place, which was very well in the knowledge of the district administration but neither any preventive action nor any action was taken Section 30(3) of the Police Act, 1861 provides that permission is required for any assembly or procession on a public road. It is the duty of the police to maintain order on public roads and public roads. To the Chief Secretary of the State It is directed that necessary instructions and guidelines be issued to regulate such gatherings and processions.
The High Court also expressed its view on the killing of the people sitting in the jeep and said that one cannot close its eyes on the cruelty. who was killed by the protesters. The picture available in the case diary clearly shows the brutality of the protesters, who were beating up the above three persons, Hari Om Mishra, Shubham Mishra and Shyam Sundar. It is also pertinent to mention here that the case of offense no.220/2021 The Investigating Officers of the IAF came to the conclusion that after the said incident of a Thar vehicle hitting the protesters, the protesters chased down Shubham Mishra, Hari Om Mishra and Shyam Sundar, were brutally thrashed, leading to death. This conclusion was drawn by the Investigating Officer on the basis of video clips given by the protesters themselves regarding the incident, out of which, four persons namely Kulwinder Singh, Karamjit, Gurpreet Singh and Vichitra Singh have been identified and chargesheet prepared against them. Is. However, the rest could not be identified by the investigating officer. The court said that the organizers of the protest are expected to assist in the investigation and provide details of other accused persons whose involvement has been found in the video clip. Also there are photographs collected by the police during the investigation.
