The Uttar Pradesh government on Thursday countered the bail petition of Ashish Mishra in the Lakhimpur Kheri brutality issue in the Supreme Court. The apex court, meanwhile, secured its decree on Ashish Mishra’s bail plea.
A bench of justices Surya Kant and JK Maheshwari reserved the order after the arguments and evidences of all parties. “We reserve orders. We will pass the order,” the bench said.
During the proceedings in the Supreme Court, Uttar Pradesh government described the bench that they are contending the bail plea of Ashish Mishra in the Lakhimpur Kheri violence case. UP government notified the court about the chargesheet where eyewitnesses claimed that Ashish Mishra was absconding after the accident.
Uttar Pradesh government conveyed the Supreme Court that apparent crimes were solemn and granting bail in such subjects may impact the society negatively.
.Supreme Court also stated the ordinance will take its approach and the trial court will determine which interpretation is correct. The court also said that at this point they are negotiating with bail and there should be a balancing liberties of parties and none can be held in uncertain imprisonment.
The court also commented that this matter may require additional monitoring by the top court.
Senior advocate Mukul Rohatgi, seeming for petitioner Ashish Mishra, said his client is not a risk to society and urged to grant bail to Mishra.
Senior Advocate Dushyant Dave, appearing for the complainant, told the Supreme Court if Mishra is out on bail then it will send a terrible message.
But the court noted that the attorney cannot say that the Supreme Court is a silent bystander and he cannot curtail the powers of a constitutional court.
Nevertheless, Dave stressed that Mishra should not be given ease and said that it was a cold-blooded slaying and there was a conspiracy involved in it.
Dave also remarked that as he has experience of 44 years at the bar and therefore he can assure the court that the trial will never see the light of the day if Ashish Mishra is released on bail as they are powerful people who can influence the trial.
Dave also cited a report and said as on 31 March 2021, there are 13,000 undertrial prisoners in murder cases in UP and Ashish Mishra is not an exception.