UP govt opposes Ashish Mishra's bail plea in Lakhimpur Kheri violence case in SC
Jan 19, 2023
New Delhi [India], January 19 : The Uttar Pradesh government on Thursday opposed the bail plea of Ashish Mishra in the Lakhimpur Kheri violence case in the Supreme Court. The apex court, meanwhile, reserved its order on Ashish Mishra's bail plea.
A bench of justices Surya Kant and JK Maheshwari reserved the order after hearing the submission of all parties.
"We reserve orders. We will pass the order," the bench said.
During the hearing in the Supreme Court, Uttar Pradesh government told the bench that they are opposing the bail plea of Ashish Mishra in the Lakhimpur Kheri violence case. UP government apprised the court about the chargesheet where witnesses stated that Ashish Mishra was running from the spot.
Uttar Pradesh government told the Supreme Court that alleged offences were grave in nature and granting bail in such matters may impact the society adversely.
The Supreme Court noted that they are two versions regarding grave and heinous acts and it cannot comment on any of the versions now. Supreme Court also remarked the law will take its course and the trial court will decide which version is correct. The court also said that at this stage they are dealing with bail and there should be a balancing rights of parties and none can be kept in indefinite incarceration.
The court also remarked that this case may require further monitoring by the top court.
Senior advocate Mukul Rohatgi, appearing for petitioner Ashish Mishra, said his client is not a danger to society and insisted to grant bail to Mishra.
Senior Advocate Dushyant Dave, appearing for the complainant, told the Supreme Court if Mishra is out on bail then it will send a terrible message.
But the court remarked that the counsel cannot say that the Supreme Court is a mute spectator and he cannot curtail the powers of a constitutional court.
However, Dave stressed that Mishra should not be given relief and said that it was a cold-blooded murder and there was a conspiracy involved in it.
Dave also remarked that as he has experience of 44 years at the bar and therefore he can assure the court that the trial will never see the light of the day if Ashish Mishra is released on bail as they are powerful people who can influence the trial.
The court expressed its view that it depends on the conditions that may be imposed by the court.
Dave also cited a report and said as on March 31, 2021, there are 13,000 undertrial prisoners in murder cases in UP and Ashish Mishra is not an exception.
