Lakhimpur Kheri violence: Allahabad HC grants bail to Union minister’s son Ashish Mishra

Ashish, who was arrested on October 11, had filed a bail plea in the high court after it was turned down by lower courts. “Justice Rajeev Singh on Thursday pronounced order and granted bail to Ashish Mishra,” Additional Advocate General Vinod Kumar Shahi said.

“The crux of all the statements of the witnesses… recorded by the Investigating Officer… is that the applicant was sitting in the Thar vehicle and he was saying to his driver to hit the protesters,” the court said in its order.

“Considering the facts and circumstances of the case in toto, it is evident that as per the FIR, role of firing was assigned to the applicant for killing the protesters, but during the course of investigation, no such firearm injuries were found either on the body of any of the deceased or on the body of any injured person,” it said.

“Thereafter, the prosecution alleged that the applicant provoked the driver of the vehicle for crushing the protesters; however, the driver along with two others who were in the vehicle, had been killed by the protesters. It is further evident that during the course of investigation, notice was issued to the applicant and he appeared before the Investigating Officer. It is also evident that the chargesheet has already been filed. In such circumstances, this court is of the view that the applicant is entitled to be released on bail,” it said.

On October 3 last year, a convoy of three SUVs, including a Thar owned by Ajay Mishra, ran over a group of protesting farmers in Lakhimpur Kheri. Four farmers, Lovepreet Singh (20), Daljeet Singh (35), Nachattar Singh (60) and Gurvinder Singh (19), and a journalist, Raman Kashyap (30), died and several others were injured.

In the violence that followed, two BJP leaders, Shubham Mishra (26) and Shyam Sunder (40), and the driver of the Thar vehicle, Hariom Mishra (35), were killed. The mob also set ablaze two vehicles, including the Thar.

“Indubitably, no firearm injury has been found on the body of the deceased or any other person, except the injury of the hitting from the vehicle. Furthermore, in case the story of the prosecution is accepted, thousands of protesters gathered at the place of incident and there might be a possibility that the driver tried to speed up the vehicle to save himself, on account of which, the incident had taken place,” the court said.

“While considering the overall facts of the case, this court cannot shut its eyes to the killing of three persons sitting in the Thar vehicle, including the driver, who were killed by the protesters. The photograph available in the case diary clearly reveals the brutality of the protesters,” it said.

“It is also relevant to mention here that the Investigating Officer… came to the conclusion that after the said incident of hitting of the protesters by the Thar vehicle, the protesters chased Shubham Mishra, Hariom Mishra and Shyam Sunder and they were beaten brutally, on account of which they died. The said conclusion was drawn by the Investigating Officer on the basis of video clip aired by the protesters themselves,” it said.

The SIT had arrested 13 persons, including Ashish Mishra, in the killing of the farmers and journalist. On January 3, the SIT filed a chargesheet against 14, including Ashish Mishra and his uncle, Virendra Shukla, who was charged with destruction of evidence. Shukla was granted bail by a local court in Lakhimpur Kheri on January 11.

Seven person were arrested for the deaths of the two BJP leaders and Mishra’s driver. On January 21, the SIT filed a chargesheet against four persons, stating that no evidence was found against the other three.

“We were shocked to know that he got bail so early. The government should have made all efforts to contest his bail application. We will move court and seek direction for cancellation of bail,” said Jagdeep Singh (31), son of one of the victims, Nachattar Singh.

“Despite all the allegations, the government did not remove Ajay Mishra from the ministry, and now his son has obtained bail,” Jagjeet Singh (42), brother of Daljeet Singh, said.

Pawan Kashyap, brother of journalist Raman Kashyap, said: “This is a big case and its prime accused should not be allowed to come out so early. Our lawyers told us that they were not heard properly… This does not mean that the trial is over… our fight will continue.”