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The Allahabad High Court today corrected and added missing sections 302(murder) and 120B(criminal conspiracy) of the Indian Penal Code in the February 10 order whereby Ashish Mishra, the key accused in the Lakhimpur violence case was granted bail. 

The bench of Justice Rajeev Singh passed the order in this regard on a correction application filed by Mishra's counsel. In the original order, it was stated that Mishra had been booked under sections 147, 148, 149, 307, 326, 427/34 of IPC and section 30 of Arms Act and Section 177 of M.V. Act. However, Mishra was also made an accused under the charges of murder and criminal conspiracy. 

As per the prosecution case, Mishra had instigated the driver of the Thar (his car) to crush protesting farmers and when the vehicle tumbled down from the road, he ran away from the spot firing from his gun. 

However, the same bench, granting bail to Mishra on grounds that no firearm injuries had been found on any of the deceased protesters, had noted in the order that on the contrary, protesters had brutally killed the Thar passengers, including the driver of the vehicle.  

Court had also said that at the time of the alleged incident, thousands of protesters were present who were standing on both sides of the road, which was 12 feet wide. Therefore, court had observed that "There might be a possibility that the driver tried to speed up the vehicle to save himself, on account of which, the incident had taken place."

Interestingly, the court had highlighted the brutality committed by the said protesting farmers in Mishra's bail order.

"This Court cannot shut its eyes to the killing of three persons sitting in the Thar vehicle, including the driver, who were killed by the protesters. The photograph available in the case diary clearly reveals the brutality of the protesters, those were beating the said three persons, namely, Hariom Mishra, Shubham Mishra and Shyam Sunder," court had said. 

Mishra, who is in jail since his arrest on October 10, 2021, is expected to walk out of the prison on Tuesday. In the October 3 case, a total of 14 people have been made accused and out of those currently, 13 accused, including Mishra, are lodged in the district jail.

The proceedings in the Lakhimpur Kheri violence case(s) are going on before the Lakhimpur District Court in which Uttar Pradesh Police had filed an exhaustive chargesheet running into 5000 pages on January 3.

Case Title: Ashish Mishra @Monu Mishra v. State of UP