On January 19, the division bench of Supreme Court led by Justices Surya Kant and JK Maheshwari reserved its verdict in the plea for bail filed by Ashish Mishra, son of Union Home Minister of State Ajay Mishra, in the 2021 Lakhimpur Kheri case in which 8 persons protesting against the Farm laws were mowed down by a four-wheeler belonging to Mishra. During the hearing today, a bench said that the trial in the case might take 5 years to conclude and there cannot be indefinite incarceration of the accused.

"It is about balancing rights of parties. There should not be indefinite incarceration," the bench said. Senior Counsel Dushyant Dave, appearing for one of the complainants, responded by saying that the same should then apply uniformly to all accused including those who are in jail in connection with the 2020 Delhi Riots.

Senior Counsel Mukul Rohatgi, appearing for Mishra, made a strong plea for bail on the ground of alibi. He said that Mishra was not present in the car or at the spot where the incident took place. Additional Advocate General (AAG) Garima Prashad, appearing for the UP government, vehemently opposed grant of bail citing the heinous nature of the offence.

The Court after hearing all parties reserved its verdict.

On October 3, 2021, eight people were killed in Lakhimpur Kheri during violence that erupted when farmers were protesting 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.

A vehicle belonging to and allegedly being driven by Mishra mowed down protesting farmers, among others.
During the hearing today, Mishra's counsel Mukul Rohatgi said that Mishra was not present in the car or at the spot where the incident took place.

"Call records show that Ashish Mishra was 4 kilometers way from the site. This is not a case of murder but a case where crowd turned violent and the crowd killed some people. Our people were killed and some farmers were killed. There are no gunshot wound and no fire," Rohatgi submitted.

He contended that his version is not a cock and bull story.

"My client got bail in the first instance. This is not a cock and bull story and there is truth in my story. I am not a criminal and there are no past records," Rohatgi said.

"Speedy trial is today a part of Article 21. This man is not a danger to the society. Where is the reason today to say that I should be denied bail? If conditions are violated then bail can be canceled," Rohatgi said.

Case Title: Ashish Mishra @ Monu vs State of Uttar Pradesh
Case No.: SLP(Crl) No. 007857 - / 2022  

Appearance of the advocates:-

For Petitioner(s)

Mr. Mukul Rohatgi, Sr. Adv.
Mr. Siddhartha Dave, Sr. Adv.
Mr. Daleep Dhayani, Adv.
Mr. Pankaj Sharma, Adv.
Mr. Kshitiz Mudgal, Adv.
Mr. Achal Kumar Misra, Adv.
Mr. Keshav Sehgal, Adv.
Mr. Manoj Kumar Sharma, Adv.
Mr. Bhuwan Phulara, Adv.
Ms. Vidhi Thakkar, Adv.
Ms. Sugandh Rathor, Adv.
Ms. Ayushi Mittal, Adv.
Mr. Kartik Arora, Adv.
Mr. Awdhesh Choudhary, Adv.
Mr. Rajiv Kumar Dubey, Adv.
Mr. Ashutosh Kumar Sharma, Adv.
Mr. Bhuwan Chandra, Adv.
Ms. Priyanka Dubey, Adv.
Mr. Nilanjan Bhattacharya, Adv.
Mr. T. Mahipal, AOR

For Respondent(s)                    
Mr. Dushyant Dave, Sr. Adv.
Mr. Prashant Bhushan, AOR
Mr. Rahul Gupta, Adv.
Ms. Alice Raj, Adv.
Mr. Akshat Malpani, Adv.
Ms. Ayushi, Adv.
Ms. Garima Prasad, Sr. AAG                   
Ms. Ruchira Goel, AOR  
Mr. Rajat Singh, Adv.
Mr. Samarth Mohanty, Adv.
Ms. Priyanka Swami, Adv.
Mr. Adit Jayesbhai Shah, Adv.