New Delhi: The Uttar Pradesh government on Thursday opposed the bail plea of Union Minister Ajay Kumar Mishra’s son Ashish, one of the accused in the Lakhimpur Kheri violence case, telling the Supreme Court that his crime was “serious and heinous”. Uttar Pradesh’s Advocate General Garima Prasad told a bench of Justices Suryakant and JK Maheshwari that the offense was serious.
“It is a serious and heinous crime and (granting bail) will send a wrong message to the society,” he said after the court asked what were the grounds for opposing the bail plea.
The Uttar Pradesh government told the Supreme Court that it is opposing the bail plea of Lakhimpur Kheri violence case accused Ashish Mishra and apprised the court about the charge sheet where witnesses have said that Mishra was running away from the spot. – ANI (@ANI) January 19, 2023
The apex court said that there are two versions of serious and heinous crime and it cannot comment on either version. “We are of the prima facie view that he is involved and he is an accused and not innocent. Is it the case of the State that he has tried to destroy the evidence?” the bench asked.
To this the Additional Advocate General replied, “It has not happened so far.”
Senior advocate Dushyant Dave, appearing for those opposing the bail plea, said that granting bail would send a terrible message to the society. He said, “It is a conspiracy and a premeditated murder. I will show it from the charge sheet… He is the son of a powerful person who is being represented by a powerful lawyer.”
The Uttar Pradesh government told the Supreme Court that the offenses alleged were of serious nature and granting bail in such cases could have an adverse effect on the society. – ANI (@ANI) January 19, 2023
Senior advocate Mukul Rohatgi, appearing for Mishra, strongly opposed Dave’s submission and said, “What is this? Who is powerful? We are appearing every day. Can this be a condition for not granting bail?”
Rohatgi said that his client has been in custody for over a year and the way the trial is going on, it will take seven to eight years to complete. He said that Jagjit Singh, who is the complainant in this case, is not an eye-witness and his complaint is based only on hearsay.
“Jagjit Singh is the complainant and he is not an eye-witness. I wonder when a large number of people are saying that we ran over people mercilessly, then an FIR was registered on the statement of a person who is not an eye-witness?” They said.
Hearing is going on in the case.
On October 3, 2021, eight people were killed in violence at Tikunia in Lakhimpur Kheri district when farmers were protesting, with Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya visiting the area at the time.
According to the Uttar Pradesh Police’s FIR, four farmers were run over by the SUV in which Ashish Mishra was sitting. Following the incident, angry farmers allegedly lynched a driver and two BJP workers. A journalist also died in the violence.
On December 6 last year, a trial court had framed charges against Ashish Mishra and 12 others for the alleged offenses of murder, criminal conspiracy and others in connection with the death of protesting farmers in Lakhimpur Kheri. trial.
A total of 13 accused, including Ashish Mishra, have been booked under IPC sections 147 and 148 for rioting, 149 (unlawful assembly), 302 (murder), 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons) has been done. or means), 427 (mischief) and 120B (punishment for criminal conspiracy), and section 177 of the Motor Vehicles Act.
The other 12 accused are Ankit Das, Nandan Singh Bisht, Latif Kale, Satyam alias Satya Prakash Tripathi, Shekhar Bharti, Sumit Jaiswal, Ashish Pandey, Lavkush Rana, Shishu Pal, Ullas Kumar alias Mohit Trivedi, Rinku Rana and Dharmendra Banjara. Are included. All of them are in jail.
The top court, while hearing the matter on December 12 last year, had asked the state government, which opposed the bail plea of Ashish Mishra, to file an affidavit regarding the status of the case registered in the murder case. Three occupants of the SUV.