Latest JudgementCode of Criminal Procedure, 1973
Ashish Mishra Alias Monu v. State of U.P., 2025
Grant of interim relief for Ashish Mishra to visit his hometown, and liberty to witness to file a complaint regarding influence against testifying in the Lakhimpur Kheri killings case.
Supreme Court of India·24 March 2025
Code of Criminal Procedure, 1973
Judgement Details
Court
Supreme Court of India
Date of Decision
24 March 2025
Judges
Justices Surya Kant ⦁ N Kotiswar Singh
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
- In October 2021, five persons were killed when vehicles from the convoy of Ashish Mishra, son of then Union Minister Ajay Kumar Mishra, allegedly ran over a group of farmers protesting the farm laws.
- The incident attracted significant political attention due to Mishra’s father’s position.
- The Court took suo motu cognizance, criticizing the Uttar Pradesh Police for failing to arrest Ashish Mishra, leading to his eventual arrest.
- In January 2023, interim bail was granted to Mishra under strict conditions, which was extended periodically.
- The family of the deceased filed an application for cancellation of bail, alleging that Mishra was attempting to influence witnesses. The Court reviewed a report, allowing Balwinder Singh (witness allegedly influenced) to file a complaint with the police.
Issues
- Whether Ashish Mishra’s bail should be cancelled due to allegations of attempting to influence witnesses?
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Whether the allegation that Ashish Mishra tried to influence a key witness in the Lakhimpur Kheri case should be investigated independently, without any bias from the police’s prior conclusions?
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Whether Ashish Mishra should be granted permission to visit his hometown of Lakhimpur Kheri during the Ram Navami festival under strict conditions?
Held
- Ashish Mishra is allowed to visit Lakhimpur Kheri from 5th to 7th April for the Ram Navami festival, subject to strict conditions (no public gatherings, return by 5 PM on the 7th).
- Witness Balwinder Singh was granted permission to file a complaint with the police about the alleged influence attempt. The Court directed that the investigation be conducted fairly and without prejudice.
- The Court directed the police authorities to submit a fresh report if any substance is found in the complaint by the witness.
Analysis
- The Court’s interim order balancing Ashish Mishra’s rights to celebrate a religious festival with his family and the need to ensure justice for the victims shows a nuanced approach, ensuring that Mishra’s bail conditions are upheld while addressing public concerns.
- The decision to allow Balwinder Singh to file a complaint reflects the Court’s commitment to ensuring justice and preventing any witness intimidation in the sensitive case.
- The Court’s criticism of the lengthy witness list and the suggestion to prioritize vulnerable witnesses underlines the need for efficiency in the judicial process, especially in high-profile cases like this.
- By granting permission to file complaints and ensuring a fair investigation, the Court safeguards the rights of witnesses and ensures that justice is not compromised by external pressures or influences.