Family members of the deceased farmers, who were killed by a car belonging to Union Minister Ajay Mishra Teni’s son Ashish Mishra in Lakhimpur Kheri, have challenged the bail granted by the Allahabad High Court in the Supreme Court.
A plea filed through advocate Prashant Bhushan stated that the family members have been forced to approach the apex court as the state of UP has failed to file the appeal against the HC order to grant bail, a report in Bar and Bench said.
The plea also said that the HC did not consider the evidence against Mishra while granting bail as the charge sheet against him was not brought on record. It added that the HC granted bail without considering the heinous nature of crime, the character of evidence against the accused and position and status of the accused with reference to the victim and witnesses.
The plea comes after Ashish Mishra was released from jail last Tuesday after fulfilling bail conditions pronounced by the Allahabad High Court. He has been released from jail after completion of bail formalities, Lakhimpur Kheri Jail Superintendent PP Singh told reporters.
Mishra was released after over four months as had been lodged in the jail since October 10 last year 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.
Ashish Mishra 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. “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 February 10 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 Mishra 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 viage on October 3 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.
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