If Ashish Mishra is attending functions in UP, that is violation of bail conditions: Supreme Court

The Supreme Court on Monday flagged concern over an allegation that Ashish Mishra, the prime accused in the Lakhimpur Kheri killing case, had been visiting Uttar Pradesh and attending various functions there in violation of his interim bail conditions [Ashish Mishra Alias Monu vs State of UP]..A Bench of Justices Surya Kant and PS Narasimha said that if Ashish Mishra, who is the son of Union minister Ajay Kumar Mishra, has been physically attending the events, then it would definitely be a violation of his bail conditions."If he is physically attending, then it is definitely a violation," the Court said..Pertinently, while allowing Ashish Mishra's release on interim bail last year, the Supreme Court had specified a condition that he should not enter Uttar Pradesh (UP) except for the purpose of the trial in the Lakhimpuri case. The case concerns the death of farmers and a journalist in Lakhimpur Kheri, who were allegedly mowed down by a vehicle driven and owned by Mishra. .Advocate Prashant Bhushan, who represented the family members of the victims, told the Court today that Mishra has been violating a bail condition set by the top court."Lordships, bail condition said he can only enter UP for trial. But he has participated in various functions recently, distributing tricycles in UP. I do not know how this is being allowed. I will file affidavit and show," Bhushan submitted. The allegation was denied by the counsel representing Mishra."Nothing like that according to us. I am not that foolish to violate liberty like that. Difference between what is said across the bar and on paper. I do not trust videos," Senior Advocate Siddhartha Dave submitted. The Court proceeded to orally ask Bhushan to file an affidavit on his allegations. However, it did not put anything on record about it in the order passed today..Mishra was granted interim bail by the Supreme Court in January 2023. At the time, the Bench had ordered that Mishra could not stay in Uttar Pradesh or Delhi after his release. However, he was later allowed to visit and stay in Delhi to take care of his ailing relatives. While the interim bail had initially been granted for eight weeks, the same has been extended since. The Court has also been monitoring the progress of the trial..During the hearing today, the Court perused the progress report sent by the trial judge and took an exception to the Public Prosecutor's alleged non-cooperation with the trial court. "It seems the PP and Police need to take effective steps to secure the presence of witnesses so that trial court time is not wasted. Let Registry submit copy of report to UP AAG for necessary action and information," it remarked. The Court also noted that two witnesses had expressed unwillingness to depose due to ill health. .The case dates back to October 3, 2021, when eight people were killed in Lakhimpur Kheri, Uttar Pradesh, during violence that erupted amid protest by farmers against the now-revoked farm laws. The protestors had impeded the visit of Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya, who planned to attend an event in the area.Uttar Pradesh Police's special investigation team (SIT) later filed a 5,000-page chargesheet before a local court, naming Mishra the prime accused in the case. In November 2021, a trial court rejected Mishra's application for bail, prompting him to move the Allahabad High Court.The High Court initially granted bail to Mishra on February 10, 2022, stating that is a possibility that the driver of the vehicle that mowed down the protesting farmers sped up the vehicle to save himself.After the High Court granted bail to Mishra in the case, family members of the deceased approached the Supreme Court in appeal, seeking cancellation of the bail. In April 2022, the apex court cancelled the bail granted to Mishra by the High Court and remanded the matter to the High Court for fresh consideration..On July 26, 2022, the High Court denied Mishra bail, prompting him to file the present appeal before the Supreme Court.Meanwhile, the trial court in Uttar Pradesh framed murder charges against Mishra in December 2022.The charges were framed under Sections 147 (rioting), 148 (rioting armed with deadly weapons), 149 (offence committed in prosecution of common object), 302 (murder), 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons), 427 (mischief causing damage), 120B (criminal conspiracy) of the Indian Penal Code (IPC) and Section 177 of the Motor Vehicles Act.