Lakhimpur Kheri Violence | Their Case Stands On Better Footing Than That Of Ashish Mishra: Allahabad HC Grants Bail To 12 Accused
Sparsh Upadhyay
12 Nov 2024 8:11 PM IST
Image: Indian Express/Vishal Srivastava
The Allahabad High Court on Monday granted bail to 12 accused in the Lakhimpur Kheri violence incident related to the killings of five persons in October 2021, noting that their case is on a better footing than the case of Ashish Mishra, who was granted bail by Top Court in July this year.
The court also factored in that there is a cross-version to the present case, the Supreme Court has made absolute the interim bail granted to four accused persons in the cross-version, a significant number of witnesses remain to be examined, there is no likelihood that the trial will conclude in the near future, and there is no indication that the applicants have misused the interim bail previously granted.
As far as the applicants' criminal antecedents were concerned, a bench of Justice Krishan Pahal noted that the state had not placed any material indicating that applicants had attempted to evade the process of law in the past.
The Court added that if the accused is otherwise found to be entitled to bail, he cannot be denied bail only on the grounds of criminal history.
Observing that since no exceptional circumstances based on criminal antecedents have been shown to deny bail to accused, the Court granted bail to Nandan Singh Bisht, Latif Alias Kale, Satyam Tripathi Alias Satya Prakash Tripathi, Shekhar Bharti, Dharmendra Singh Banjara, Ashish Pandey, Rinkoo Rana, Ullas Kumar Trivedi Alias Mohit Trivedi, Ankit Das, Lavkush, Sumit Jaisawal and Shishupal.
It may be noted that 8 of the 12 present accused had moved their first bail plea, while 4 had moved their second bail plea. The bench clubbed all the bail pleas and heard them together.
The accused applicants contended that they were not named in the FIR, and their names came up later in the investigation in the statements of eyewitnesses.
It was also contended that while it was true that four persons from the side of the informant lost their lives, coupled by the fact that an independent person who was a journalist had also been put to death in the instant case, but it was an admitted fact that three persons from the side of applicants have also died, as such, at this point of time it cannot be ascertained as to which party was the aggressor one.
It was further argued that the provisions of Section 144 CrPC were applicable to both parties; as such, the procession of farmers cannot be termed peaceful.
Further, arguments were made regarding the slow pace of the trial. It was submitted that out of a list of 114 witnesses, only seven have been examined so far, and there is no likelihood of the trial's conclusion in the near future.
Lastly, much reliance was placed on the bail order of the main accused, Ashish Misha @ Monu, to whom the Supreme Court granted bail.
On the other hand, the AGA also opposed the accused's bail application; however, it was not disputed that they had not misused the liberty of bail.
Against the backdrop of these submissions, the court granted bail to the applicants, noting that the object of bail is to secure the accused's attendance at the trial and that no material particulars or circumstances suggestive of the applicant fleeing from justice, thwarting the course of justice, or creating other troubles in the shape of repeating offences or intimidating witnesses had been shown.
Advocates Vaibhav Kalia, Salil Kumar Srivastava, Manish Mani Sharma appeared for the applicants.
Advocatess Ajai Kumar, Vivek Kumar Rai appeared for the informant. AGA Parul Kant learned appeared for the State.
Case title - Nandan Singh Bisht vs. State Of U.P. Thru. Prin. Secy. Home Lko
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