HC’s rationale for granting bail to minister’s son in Lakhimpur Kheri murders

The Lucknow bench of the Allahabad High Court on Thursday raised questions about the first information report (FIR) filed in the Lakhimpur Kheri case while granting bail to the main accused, Ashish Mishra – son of Union Minister of State for Home, Ajay Mishra Teni.

Mishra was allegedly in the 4X4 that ran over four farmers and a journalist at Lakhimpur Kheri during a protest march against the three controversial farm laws on October 3, 2021. He was arrested days later.

Videos showed the 4×4 ramming farmers and crushing them without breaking speed. Eight people were killed at Lakhimpur Kheri that day. After the farmers were run over, violence broke out in which three more people, including two BJP workers, were killed.

“Considering the facts and circumstances of the case in toto, it is evident that as per the FIR, the role of firing was assigned to the applicant [Ashish Mishra] 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,” the court said while granting bail to the accused.

The court said Mishra was accused of inciting the 4×4 driver to run over farmers. “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 said.

Mishra, the court said, appeared before the investigating officer when he was summoned and a charge sheet had already been filed. “In such circumstances, this Court is of the view that the applicant is entitled to be released on bail,” it said.

The HC added that it “could not shut its eyes to the killing of three persons in the Thar SUV, including the driver, who were killed by the protesters”. Photographs “clearly revealed the brutality of the protesters”, it said, naming those killed as Hariom Mishra, Shubham Mishra and Shyam Sunder.

Also read: The politics behind the Lakhimpur violence and its huge cost

Trinamool Congress MP Mahua Moitra questioned the court ruling, listing out “3 basic principles of bail”.

3 basic principles of bail are that accused should NOT be able to:
1. Intimidate witnesses
2. Destroy evidence
3. Be flight risk

How does Ashish Mishra satisfy bail condition 1? Sitting minister’s son, arrested only after 3 days, in election season?

— Mahua Moitra (@MahuaMoitra) February 10, 2022