Lakhimpur Kheri violence | Their case is on a better footing than Ashish Mishra’s: Allahabad HC grants bail to 11 suspects

The court also took into account that there is a cross-version of the present case, the Supreme Court has declared the provisional bail granted to four suspects in the cross-version absolute, a significant number of witnesses still need to be heard, there is no It is likely that the trial will be concluded in the near future, and there is no evidence that the applicants have abused the previously granted interim bail.

With regard to the criminal records of the applicants: a bank by Judge Krishan Pahal noted that the State had not posted any material indicating that applicants had attempted to circumvent due process in the past.

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

Noting that since it has not been shown that exceptional circumstances based on criminal history denied the suspect bail, 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 11 suspects present had entered their first bail plea, while 3 had entered their second bail plea. The bench shot down all bail applications and heard them together.

The accused applicants argued that they were not named in the FIR and their names emerged in the statements of eyewitnesses later in the investigation.

It was also stated that while it was true that four persons on the part of the informant were killed, coupled with the fact that in the present case an independent person, who was a journalist, had also been put to death, but that it was an admitted Because three people on the applicants’ side also died, it cannot be determined at this time which party was the aggressor.

It was further submitted that the provisions of Section 144 CrPC were applicable to both parties; as such, the procession of farmers cannot be called peaceful.

Furthermore, arguments were made about the slow pace of the process. It was argued that of a list of 114 witnesses, only seven have been interviewed so far, and the trial is unlikely to be concluded in the near future.

Finally, much reliance was placed on the bail order of the main accused, Ashish Misha @ Monu, to whom the High Court granted bail.

On the other hand, the AGA also opposed the suspect’s bail application; however, it was not disputed that they had not abused the freedom of bail.

In the background of these observations, the court granted bail to the applicants, noting that the purpose of the bail is to secure the participation of the accused in the trial and that there are no material details or circumstances to indicate that the applicant flees the legal process, thereby obstructing the legal process. , or the creation of other problems in the form of repeated violations or the intimidation of witnesses had been demonstrated.

Advocates Vaibhav Kalia, Salil Kumar Srivastava and Manish Mani Sharma appeared before the applicants.

Lawyers Ajai Kumar, Vivek Kumar Rai appeared before the informant. AGA Parul Lace scholar appeared before the state.

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

Case quote:

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