Lakhimpur Kheri case: Ashish Mishra released on bail; SKM to approach SC for physical hearing, vows Tikait

Union minister Ajay Mishra’s son Ashish Mishra was released from jail on Tuesday in the Lakhmipur Kheri violence case.

Ashish has been released from jail after completion of bail formalities as set by the Allahabad High Court, Lakhimpur Kheri Jail Superintendent PP Singh told reporters.

Ashish had been lodged in the jail since 10 October in the case related to the killing of four farmers in the violence that had erupted in the course of farmers’ agitation in Tikonia in the district.

The Lucknow bench of the Allahabad High Court had last week granted bail to Ashish Mishra in the case. The discharge process started after an order from the district court reached the Lakhimpur Kheri jail.

While a posse of mediapersons and people gathered at the main gate of the jail, Ashish was taken out of the prison from a gate adjacent to jail superintendent’s residence within the campus.

Union Minister of State for Home Ajay Mishra is present in the district but mediapersons, who visited his home in Lakhimpur town, could not meet him.

The Allahabad High Court had on Monday corrected its order granting bail to Ashish Mishra.

He had moved the Lucknow bench of the high court on Friday seeking insertion of sections 302 (murder) and 120 B (criminal conspiracy) of the Indian Penal Code (IPC) that were “inadvertently” not mentioned in the high court order as the jail authorities would not release him due to the omission.

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“It is a mere typographical error, while the court already considered the bail under these sections too and, as such, the same may be allowed making the addition of these sections in the order,” said the application.

A bench of Justice Rajeev Singh had on 10 February granted bail to Ashish Mishra in the case. The court had passed the order on the correction application the previous day.

In the bail order passed on Thursday, sections 147, 148, 149, 307, 326, 427 read with section 34 of the IPC, section 30 of the Arms Act and section 177 of the Motor Vehicle Act were mentioned, but section 302 and section 120 (B) were left out.

The Special Investigation Team (SIT) had named Ashish as the main accused in the knocking down of the farmers incident in its charge sheet submitted to the court.

Farmers were staging protest in Tikonia village on 3 October last year against the visit of deputy chief minister Keshav Prasad Maurya to Ajay Mishra’s native Banbir village when four of the agitating farmers were crushed under the wheels of a convoy of cars. In the subsequent violence, four others comprising two BJP workers, driver and a journalist were killed.

SKM will approach SC for physical hearing: Rakesh Tikait

Reacting to the bail of the minister’s son, farm leader Rakesh Tikait Tuesday said the Samyukta Kisan Morcha will approach the Supreme Court in connection with the Lakhimpur Kheri violence case.

“The SKM would appeal to the apex court to consider re-hearing in the case as the prosecution could not put forth its submission during the online hearing due to a power outage,” an office-bearer of Tikait’s Bharatiya Kisan Union said.

After the 3 October, 2021 violence, the SC had formed a special investigation team (SIT) which had probed the case and filed a charge sheet in the matter, holding Ashish as an accused along with 13 others.

“The whole country and whole world watched the most infamous Lakhimpur Kheri episode of Ajay and Ashish Mishra, who despite having committed a heinous crime gets bail within three months. Everybody is seeing that and he will walk out of jail today,” Tikait told reporters, adding the SKM would approach the Supreme Court.

“So is such dictatorial government needed, or this type of system needed in which someone who mows down people under a vehicle walks out of jail within three months. How will they behave with the public in times to come? These are our issues that people need to understand,” the BKU spokesperson said.

He claimed there was a power outage during the online court hearing in the case when the prosecution was making its point but the whole point could not be kept before the court.

He also added that a person charged with criminal conspiracy under IPC section 120B is more dangerous than someone who is accused under IPC section 302 (murder).

BKU spokesperson Saurabh Upadhyay told PTI: The SKM would appeal to the apex court to consider re-hearing in the case as the prosecution could not put forth its submission during the online hearing due to a power outage.

Tikait, a prominent face of the farmers’ stir and the national spokesperson of the BKU, which is part of the SKM, also hit out at the BJP-led Centre and the UP government over issues related to the farming community and the youth.

He slammed the saffron party for fighting the elections on communal agendas instead of working for development.

Lakhimpur Kheri, known for its sugarcane farming, has eight Assembly seats of Gola Gokrannath, Dhaurahra, Sri Nagar, Lakhimpur, Mohammdi, Kasta, Palia and Nighasan.

All eight constituencies, which were won by BJP candidates in 2017, will go to polls on 23 February in the fourth phase of state elections. The results would be announced on 10 March.

With inputs from PTI

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