Supreme Court Grants Ashish Mishra Permission to Visit Hometown for Diwali Under Strict Bail Conditions

In a significant judicial development, the Supreme Court of India on Monday, October 26, 2026, granted temporary relief to Ashish Mishra, the primary accused in the 2021 Lakhimpur Kheri violence case. A bench presided over by Chief Justice of India Surya Kant permitted Mishra, son of former Union Minister of State for Home Affairs Ajay Mishra Teni, to travel to his native residence in Lakhimpur Kheri, Uttar Pradesh, to celebrate the festival of Diwali with his immediate family. The apex court granted the interim concession after noting that similar festival permission had been accorded to the applicant during the preceding festive period, while binding him to strict compliance undertakings ensuring his departure and prompt return to his mandated bail jurisdiction outside the district by the stipulated cut-off date.Supreme Court Re-Imposes Strict Directives: No Witness Contact and Limited Family MovementWhile granting the short-term travel permission to visit Lakhimpur Kheri, the top court underscored that his presence in the district remains heavily restricted:Binding Undertaking on Record: The bench accepted the formal affidavit and personal assurance submitted by Ashish Mishra promising to maintain peaceful conduct and strictly return from Lakhimpur Kheri within the permitted holiday window.Strict Restriction on Interacting with Witnesses: The Supreme Court ordered that Mishra must strictly confine his movements to spending time with his family members and close relatives within his private residence.Zero Influence or Intimidation: The division bench warned the applicant against making any direct or indirect contact with prosecution witnesses, victims' families, or any individuals connected with the ongoing criminal trial, stating that any reported infraction would lead to immediate cancellation of relief.Defense Submissions: Parity with Previous Precedents and Festival Travel ReliefRepresenting Ashish Mishra before the bench, senior advocate Siddharth Dave argued for temporary family accommodation during the festive season:Citing Prior Relief Orders: Counsel pointed out to the court that the applicant had previously been permitted by the apex court to join his family during festive celebrations without violating any judicial parameters.Conditional Homecoming: Accepting the defense submission, the Supreme Court ruled that the petitioner is permitted to visit his home town in Lakhimpur Kheri exclusively for Diwali celebrations, subject to all earlier compliance conditions remaining fully operative.Legal Background: The October 2021 Lakhimpur Kheri Incident and AftermathThe legal proceedings stem from the deadly confrontation that occurred during the historic agrarian agitation against central farm legislations:The Incident of October 3, 2021: The violence erupted in Tikunia, Lakhimpur Kheri, when a convoy of sport utility vehicles—one allegedly belonging to Ashish Mishra—ran over a gathering of farmers protesting against the three central farm laws.Fatalities on the Ground: A total of eight people lost their lives in the collision and the retaliatory clashes that followed, including four agitating farmers, a local journalist, two Bharatiya Janata Party workers, and a driver.Bail Conditions and Geographic Bar: Although Mishra subsequently secured bail from the apex court, the judicial orders imposed an express condition barring him from entering the geographic boundaries of Lakhimpur Kheri or residing within the state of Uttar Pradesh except during mandatory trial court appearances.Trial Court Status: 90 Out of 131 Witnesses Examined Amid Judicial TransfersDuring Monday's proceedings, legal counsel representing the State of Uttar Pradesh apprised the Supreme Court of key administrative updates concerning the ongoing criminal trial:Judicial Bench Reassignment: The state counsel formally informed the division bench that the trial court judge presiding over the Lakhimpur Kheri proceedings had recently been transferred under routine administrative orders issued by the Allahabad High Court.New Public Prosecutor Appointed: To ensure seamless legal prosecution, the state government confirmed that a new public prosecutor has taken charge of conducting the trial proceedings.Substantial Evidentiary Progress: The court was apprised that significant headway has been made in recording testimonies, with the cross-examination and deposition of 90 out of a total of 131 listed prosecution witnesses already concluded before the local court.