Lakhimpur Kheri Violence | Their Case Stands Better Than Ashish Mishra’s Case: Allahabad HC Grants Bail to 11 Accused

The court also took into consideration that there is a cross-over version of the present case, the Supreme Court has finalized the interim bail order granted to the four accused in the cross-over version, a significant number of witnesses are expected to be heard, there is no verdict. It was stated that there was a high probability that the trial would be concluded in the near future and that there was no indication that the applicants had abused their previously granted provisional bail right.

Regarding the applicants’ past crimes, a delegation Judge Krishan Pahal It noted that the State had not planted any material showing that the applicants had tried to evade legal process in the past..

The court added that if the accused is found to be otherwise entitled to bail, he cannot be denied bail solely on the basis of his criminal history.

The Court granted bail to the defendant as no exceptional circumstances based on criminal past had been shown to deny the defendant bail. 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 out of the 11 present defendants, 8 have made their first bail request and 3 have made their second bail request. The court panel gathered all bail requests and heard them all together.

The accused applicants claimed that their names were not mentioned in the FIR and that their names were later included in the statements of eyewitnesses during the investigation.

It was also submitted that this was an accepted fact, although it was true that four persons from the whistle-blowing party had lost their lives and in addition an independent individual, a journalist in the present case, had been executed. Since three of the applicants lost their lives, it cannot be determined at this stage which side the attacker was.

It was further submitted that the provisions of Section 144 CrPC are applicable to both the parties; Therefore, the farmers’ parade cannot be called peaceful.

There were also discussions that the trial would proceed slowly. It was stated that only 7 of the list of 114 witnesses have been heard so far and that there is no possibility of the case being concluded in the near future.

Finally, heavy reliance was placed on the bail order of the prime accused Ashish Misha @ Monu, whom the Supreme Court granted bail to.

On the other hand, AGA also opposed the defendant’s bail request; However, there is no dispute that they did not abuse their right to bail.

Against the background of these allegations, the court decided to release the applicants on bail, stating that the purpose of the bail was to ensure the defendant’s attendance at the hearing and that there were no material details or conditions that would impede the course of justice, which would suggest that the applicant had escaped from justice. It has been shown that other troubles are created in the form of repeat crimes or intimidation of witnesses.

Lawyers Vaibhav Kalia, Salil Kumar Srivastava, Manish Mani Sharma appeared for applicants.

Lawyer Ajai Kumar, Vivek Kumar Rai appeared for the informant. AGA Parul Kant It was learned that he appeared for the state.

Case title – Nandan Singh Bisht vs State Of UP Thru. Prin. Secy. Home Page

Case quote:

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