A sessions judge has informed the Supreme Court that it would take five years to conclude the trial in the Lakhimpur Kheri violence case related to the mowing down of four farmers in 2021.
The top court asked the Uttar Pradesh government to find out if the accused in the connected case are still in custody as prime accused Ashish Mishra pressed for bail in the violence case.
Ashish Mishra is the son of Union minister Ajay Kumar Mishra. He is accused of mowing down farmers during a protest in October 2021.
Taking up his bail plea, a bench of Justices Surya Kant and V Ramasubramanian noted that the sessions judge said that in the normal course, it may take five years to complete the trial.
In a letter sent to the apex court, the judge said there are 208 prosecution witnesses, 171 documents, and 27 forensic science laboratory (FSL) reports in the case.
During the hearing, the court asked the state government counsel to ascertain whether the four accused in a separate case lodged over the killing of three occupants of the car, which allegedly mowed down farmers, are still in custody.
The bench put the matter for hearing on January 19.
Senior advocate Mukul Rohatgi appeared for Mishra and sought bail for his client. Advocate Prashant Bhushan, appearing for the victims, sought day-to-day trial in the case, while senior advocate Garima Prasad who represented the state government, opposed the bail plea.
On December 12, 2022, the court sought to know from the sessions court the time to be taken for completing the trial in the case.
It also asked the state government how long can the accused be kept behind bars as putting him inside jail indefinitely amounted to prejudging him and there has to be a balance between the rights of the accused and the victims.
In December 2022, the trial court had framed charges against Mishra and 12 others for alleged offences of murder, criminal conspiracy and others in the case.