The Allahabad High Court on Thursday granted bail to Ashish Mishra alias Monu, son of Union Minister Ajay Mishra Teni, in the Lakhimpur Kheri violence case. Eight people, including four farmers, had died in this incident. While granting bail to Ashish Mishra, the High Court dismissed the police investigation, questioning the allegations against him.
The Lucknow bench of the court had on January 18 reserved the verdict on Mishra's plea after completing the hearing through video conferencing.
The counsel appearing for Mishra had told the court that his client was innocent and there was no evidence against him that he had instigated the driver of a vehicle to crush the farmers. Opposing the petition, Additional Advocate General VK Shahi had said that Mishra was in the car that allegedly crushed the farmers under its wheels at the time of the incident.
10 points on bail granted to Ashish Mishra
The alleged role of Ashish Mishra in the killing of protesting farmers at Lakhimpur Kheri on October 3 turned into a major controversy during the election season. The matter also gained momentum because his father is the Minister of State for Home in the Central Government.
Ashish Mishra is accused of driving a Mahindra Thar SUV that crushed four farmers and a journalist at Lakhimpur Kheri during a protest march against three controversial agricultural laws. He was arrested days later after this incident.
In the video of the incident, an SUV is seen crushing the farmers without reducing the speed. Eight people died in this accident in Lakhimpur Kheri. Violence erupted after farmers were crushed, in which three people, including two BJP workers, were killed.
The Allahabad High Court on Thursday questioned some of the charges listed by the police against Ashish Mishra, including firing on protesters. The court said, "Fully looking at the facts and circumstances of the case, it is clear that as per the FIR, the role of firing was assigned to the applicant (Ashish Mishra) for killing the protesters, but during the investigation it was revealed that no one was hurt by firearms, nor were its marks found on the body of any deceased or injured person."
The court said that Ashish Mishra is accused of instigating the SUV driver to crush the farmers. "The prosecution alleged that the applicant 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."
The court said that Ashish Mishra was produced before the investigating officer on summons and 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," the High Court said.
The High Court said it cannot take its eyes off the killing of three people in a Thar SUV, including the driver, who were killed by the protesters. Named Hari Om Mishra, Shubham Mishra and Shyam Sundar among the three killed, the court said, the photographs 'clearly revealed the brutality of the protesters'.
Stating that only four accused were charged, the court said the organisers of the protest should help investigators give details of others beating up BJP workers.
The bail for Ashish Mishra has sparked strong political reactions with the opposition alleging that the ruling BJP is doing its best to protect itself. Raising the issue at a rally, Priyanka Gandhi asked: "Why was the minister not sacked?"
Trinamool Congress MP Mahua Moitra questioned how Ashish Mishra became eligible for bail. She tweeted, "3 basic principles of bail that an accused should not be able to: 1. Intimidating witnesses 2. Destroying evidence 3. Being risky. How does Ashish Mishra fulfill bail condition 1? Incumbent in election season Minister's son, arrested after only 3 days?"
