SC grants 8 weeks interim bail to Ashsih Mishra, key accused in the Lakhimpur Kheri violence case with the condition that he won’t stay in UP or Delhi.
SC also extends the benefit of interim bail also to other accused (farmers) who are presently in custody in the cross FIR. Court also directs lower court to submit progress of the report of the trial to the court.
Supreme Court Bench stated while delivered judgement that after taking note of allegations in FIR and similar is fate of under trials, bail plea of other accused is pending, taken note of concerns on fair trial petitioners right to liberty under Article 21 has to be balanced with right of state.
we are not expressing final opinion on seeking final bail.
SC siad we issue follow these interim directions
- Mishra directed to be released on bail for 8 weeks
- Mishra to leave state of UP within 1 week of his release.
- He cannot stay in UP or NCT of Delhi
- Mishra shall inform court about his location
- Any attempt by family members of Mishra or Mishra himself to influence witness will lead to cancellation of his bail
- If it is found that Mishra is trying to delay the trial it will be a valid ground to cancel his bail
- We extend the benefit of interim bail to the other 4 co-accused also by using our suo motu powers.
- Mishra has to mark his attendance in the police station of the jurisdiction of his location
- registry to list the matter for directions after trial court sends a report on the status of witnesses being examined
- matter listed for directions on March 14.
