The top court asked Mishra to file an affidavit denying the allegations within four weeks. In July this year, SC granted him bail and restricted his movement to Delhi or Lucknow.
The apex court sought a response from the state government in its next hearing on 26 September. The Allahabad High Court earlier rejected Mishra's bail plea in July this year.
UP rejected SIT recommendation to challenge bail to Mishra, saying all witnesses are under protection. CJI Ramana said SC expected state to follow SIT’s suggestion.
Senior advocate Dushyant Dave, appearing for the petitioners, submitted that the UP government has submitted that they had opposed the bail in the High Court.
Decision on appeal still pending, says govt affidavit, no timeline given. State also says two incidents of witnesses being attacked not linked to Lakhimpur Kheri violence.
Three family members of farmers, who were killed in the violence, have sought a stay on the bail order by the Allahabad HC, saying the verdict was 'unsustainable in the eyes of law'.
Ashish, MoS Ajay Mishra Teni's son, was lodged in jail since October 2021 in the case related to killing of farmers in the violence that erupted during farmers' protest in district.
Ashish Mishra who is a key accused was granted bail by Allahabad HC in the Lakhimpur Kheri case on 10 February and is expected to walk out of jail Tuesday.
Farmers had alleged that Ashish Mishra had opened fire. The FSL report though did not specify whether the recovered weapons were fired on the day of the violence.
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