Lakhimpur violence: SC grants 8-week interim bail to Ashish Mishra

NEW DELHI, JAN 25 (PTI): The Supreme Court on Wednesday granted eight-week interim bail to Union minister Ajay Kumar Mishra’s son Ashish in the 2021 Lakhimpur Kheri violence which claimed eight lives.

A bench of Justices Surya Kant and J K Maheshwari directed that Ashish shall not stay in Uttar Pradesh or Delhi during the interim bail period.

“The petitioner is directed to be released on interim bail, initially for a period of eight weeks subject to furnishing bail bond to the satisfaction of the trial court,” the bench said.

“With a view to ward of any direct or indirect influence on the material witnesses, who are yet to depose, the petitioner is directed to leave the state of Uttar Pradesh within one week from the date of his release on interim bail,” it said.

The apex court said Ashish shall surrender his passport to the trial court and not enter Uttar Pradesh except to attend the trial proceedings.

“Any attempt by the petitioner or his family or supporters to influence or threaten the witnesses, directly or indirectly, shall entail cancellation of the interim bail,” the top court said.

It said Ashish shall disclose the place of his residence to the trial court as well as the jurisdictional police station where he would stay during the period of interim bail within one week of his release.

The bench said he shall mark his presence in the jurisdictional police station once in a week.

The bench also ordered that four persons, accused in a separate case lodged over the killing of three occupants of the SUV which allegedly mowed down farmers, be released on interim bail till further orders subject to furnishing bail bonds to the satisfaction of the trial court.

It observed that there are two separate FIRs with different narratives regarding the incident and the question as to who are the aggressor or responsible for the “unfortunately ghastly incident” would be ascertained only after a fullfledged trial.

It directed the trial court to prioritise the deposition of the protected witnesses, followed by other crucial witnesses court only after a charge sheet is filed.

The TMC leader had approached the high court after a sessions court and a magistrate’s court in Ahmedabad denied him bail recently following his arrest and expiry of remand.

Gokhale has been in judicial custody since January 5 and lodged at a jail in Ahmedabad. He was arrested by the Ahmedabad Cyber Crime Branch from Delhi on December 30, 2022, in this case.

The police FIR was registered on a complaint filed by an Ahmedabad resident who claimed to have donated Rs 500 to Gokhale through online mode. According to police, the case was not just about Rs 500 as Gokhale allegedly collected over Rs 70 lakh from more than 1,700 people through ‘ourdemocracy’ platform and used that money for personal use.

“There was no element of forgery in funds collected by Gokhale through an online platform which is used by even political parties. He is innocent and made a scapegoat. He is a fulltime activist sustaining on donations received through crowdfunding. As soon as he joined TMC, he stopped accepting funds to prove his bonafide,” Gokhale’s lawyer had told the court.