The Supreme Court on Wednesday granted interim bail of eight weeks to Ashish Mishra, prime accused in the Lakhimpur Kheri violence case, with conditions that he will not stay in Uttar Pradesh and NCT of Delhi during this period.

The top court bench of Justice Surya Kant and Justice J K Maheshwari directed that Ashish Mishra will not stay in Uttar Pradesh and NCT Delhi during interim bail and will leave Uttar Pradesh within one week of his release and shall not enter the State except for attending trial court proceedings.

The court also extended the benefit of interim bail to the four co-accused named in the second FIR by taking recourse to its suo motu power. Their plea for bail was pending before Allahabad High Court.

Agreeing with the apprehensions of the complainant over the fair trial and doubts surrounding the impartiality of the conduct of law enforcement agencies, the bench said, “We are, therefore, of the view that it is imperative to balance the rights of petitioner’s (Ashish Mishra) liberty emanating under Article 21 vis-à-vis the State’s right to ensure a fair and proper trial and safeguard the legitimate outcry of the victims of crime.”

Issuing a slew of directions including that there will be no attempt by Ashish Mishra, his family members and supporters to influence or threaten the witnesses directly or indirectly as same would entail cancellation of the interim bail, the court also directed him to mark his presence in the police station of the locality where he would stay during interim bail.

 “The prosecution, SIT, Informant or any family member of the victims of the crime will be at liberty to promptly inform this Court of any incident of misuse of the concession of the interim bail. The Petitioner (Ashish Mishra) shall appear before the Trial Court on every date of hearing and no adjournment shall be sought on his behalf,” the court said.

The court said that Mishra would disclose the address of his stay during interim bail to the trial court in Uttar Pradesh.

Apparently conveying that the interim bail was to gauge his conduct, the apex court order said, “Rather, we undertake to keep the proceedings pending by issuing certain interim directions, in furtherance of interest of justice and in a way on an experimental basis, to adjudge as to whether there is any substance in the apprehension expressed on behalf of the State and the informant.”

Ashish Mishra, the son of Union Minister Ajay Mishra, moved Supreme Court challenging Allahabad High Court which denied bail to him in connection with the Lakhimpur Kheri violence case

On July 26, 2022 the Allahabad High Court denied bail to Ashish Mishra, the son of Union Minister Ajay Mishra, in connection with the Lakhimpur Kheri violence case. The bail was rejected by the Lucknow bench of Allahabad High Court.

Mishra – son of the Union Minister of State for Home, Ajay Mishra – is facing a case of murder for the incident that took place on October 3, 2021, in which eight people, including four farmers, were killed in Lakhimpur Kheri.

The agitating farmers were protesting against the, now repealed, farm laws.