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SC refuses to relax Ashish Mishra's bail conditions to allow Lakhimpur Kheri visit

Source: IANS - National
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SC refuses to relax Ashish Mishra's bail conditions to allow Lakhimpur Kheri visit

New Delhi, Aug 6 — The Supreme Court on Thursday rejected an application filed by the 2021 Lakhimpur Kheri violence case prime accused Ashish Mishra, seeking relaxation of his bail conditions to permit him to visit his hometown in Uttar Pradesh's Lakhimpur Kheri.

A bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana declined to entertain the plea, in which Mishra sought modification of the travel restrictions imposed as part of his bail conditions.

"There is no ground to entertain this prayer at this stage," the CJI-led Bench said while rejecting the application.

During the hearing, Mishra's counsel submitted that the existing bail conditions prevented him from attending family functions, including his daughters' birthday celebrations, and sought further relaxation of the restrictions.

During the proceedings, advocate Prashant Bhushan, appearing for the complainants, raised concerns over the manner in which the trial was being conducted. He claimed that several crucial prosecution witnesses, including eyewitnesses, were being dropped from the witness list due to the haste with which the proceedings were being conducted, submitting that witnesses were being summoned for the very next day and were omitted if they failed to appear.

Responding to the submission, the CJI-led Bench observed that such complaints ought to be raised before the trial court in the first instance. The apex court said the issues could be brought before it only after they had been placed before the trial court.

In its earlier orders, the Supreme Court had expressed concern over the slow pace of the trial and directed the trial court to take lawful measures to secure the presence of witnesses while ensuring compliance with the witness protection mechanism.

It had also asked the prosecution to drop unnecessary formal witnesses to expedite the proceedings.

In January 2023, while granting interim bail, the Supreme Court imposed stringent restrictions on Mishra, including barring him from entering Uttar Pradesh except for attending trial proceedings, and warned that any attempt by him or his family members to influence witnesses would result in cancellation of his bail.

The interim bail was made absolute by the apex court in July 2024.

The apex court subsequently relaxed some of the conditions, permitting his stay in Lucknow or Delhi and allowing weekend family visits subject to his return to Lucknow by Sunday daytime.

On earlier occasions, it had also granted him temporary permission to visit Lakhimpur Kheri for limited periods to celebrate Diwali and attend family engagements.

In October 2021, eight people were killed in Lakhimpur Kheri district's Tikunia in violence that erupted when farmers were protesting against Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya's visit to the area. According to the Uttar Pradesh Police FIR, four farmers were mowed down by an SUV in which Ashish Mishra was seated.