While the lack of bullet injuries does indicate that the claim in the original FIR, that one of the protesters died due to firing, was incorrect, it is not clear why this proved relevant at this stage, where a charge sheet has been filed which does not repeat that specific claim. Instead, the police have now relied on the report from the forensic laboratory to prove that firearms belonging to the accused persons (including Mishra) had been used. While this does not definitively show that Mishra was on the scene and fired the gun, there is no impact on the prima facie case of the prosecution. Mishra could well have fired his gun threateningly to escape, without hitting any protesters – this no doubt still needs to be proved at the trial, but the lack of firearm injuries is not some get-out-of-jail-free card in the circumstances.

Once again, it is difficult to see how these observations are relevant to the granting of bail. Remember again that the case has reached a stage where the charge sheet has already been filed in the case, so the police investigation has been refined from the FIR.

However, it is strange that this has been brought up given that Mishra was not even summoned for questioning by the police till days after the incident even though he had been named in the FIR on day one. His arrest was also only affected after the intervention of the Supreme Court, which noted that the conduct of the investigation was not in line with general practice.

Lakhimpur Kheri Case: Why Did Allahabad High Court Grant Ashish Mishra Bail? Will the Reasons Stand on Appeal?

Edited By :Tejas Harad

In a significant order on 10 February, the Allahabad High Court granted bail to the chief accused in the Lakhimpur Kheri case, Ashish Mishra.

The son of Bharatiya Janata Party (BJP) leader and Union Minister of State for Home Ajay Teni Mishra had been in jail since 10 October 2021. His release was ordered by Justice Rajeev Singh with fairly standard bail conditions, ahead of the trial in the case for the deaths of four farmers who were run over by Mishra's car on 3 October last year.

Justice Singh had heard arguments for bail from Mishra's counsel, senior advocate Gopal Chaturvedi, as well as the arguments opposing bail from the additional advocate general VK Shahi a month ago, and reserved his decision on 18 January.

But why did the high court agree to grant Mishra bail, after it had been rejected by a lower court and the police had claimed in their 5,000-page charge sheet that there had been a pre-planned conspiracy to attack the farmers?

Here are the circumstances that led to the judge granting him bail – and the questions that might arise on a possible appeal.

Read Latest News and Breaking News at The Quint, browse for more from news and law

Topics: Lakhimpur Kheri violence

Edited By :Tejas Harad

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Lakhimpur Kheri: Does Allahabad HC Bail Order for Ashish Mishra Stand Scrutiny?

Here's why the court granted him bail – and some of the questions that could be raised on appeal.

Read Latest News and Breaking News at The Quint, browse for more from news and law

Topics: Lakhimpur Kheri violence