On Wednesday, the Apex Court directed the Govt. of Uttar Pradesh to apprise it about the status of trial against Dileep Mishra, a key accused in the 2010 bomb attack in Prayagraj on BSP Minister Nand Kumar Gupta ‘Nandi’ that claimed the lives of 2 persons, including one journalist.
The Apex Court bench led by Justice Sanjay Kishan Kaul also sought information on other cases against Dileep Mishra & posted the matter for hearing after 2 weeks.
The Bench said that “For the time being at this stage, we are of the view that an advance copy be served on the State of Uttar Pradesh so that counsel for the State of Uttar Pradesh can inform us about the stage of the trial in the matter in question. The state counsel will also obtain instructions about the allegations of the petitioner that Dileep Mishra has been involved in a subsequent case in which he is under arrest where he allegedly fired at the police party which had gone to arrest him (in breach of bail condition)”.
On July 12, 2010, Nandi, his personal security guard Sanjay Singh, the journalist Vijay & BSP worker Rakesh Malviya, among others, were going to the former minister’s old house when a bomb placed just outside his house exploded. Vijay & Malviya succumbed to their injuries.
Kamal Kumar, cousin of Nandi, has approached the apex court challenging the Allahabad High Court May 17, 2019 verdict by which it had dismissed the plea filed by Kumar seeking cancellation of bail granted to Mishra. The plea also sought a stay on Allahabad High Court order granting bail to Mishra.
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Kumar claimed Mishra was granted bail despite sufficient material on record showing he has committed various offenses & has been tampering with evidence & threatening witnesses thereby violating the bail conditions.
“The High Court seriously erred in not considering the fact that Mishra is a history-sheeter & habitual offender,” Kumar said, & added that after the release of Mishra on bail 28 witnesses have turned hostile.
In the petition, Kumar said Mishra was in jail with respect to some other offence & he had planned & executed the attack on Nandi from there.
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On Sept 11, 2012, Mishra had moved the bail application which was rejected by the district judge. Mishra then approached the Allahabad HC on August 12, 2013, for bail saying he was in jail when the incident happened & trial has not proceeded after the filing of the charge sheet on July 13, 2011.
The HC granted bail to Mishra on May 19, 2014, on the condition that he will not get involved in any criminal activities.
Later, Kumar had filed a plea in the HC seeking cancellation of Mishra’s bail on the ground that he was terrorising the witnesses & making them hostile. Kumar also contended that two FIRs have been lodged against Mishra on May 7 & 9, 2015 under the Arms Act while he was on bail.
However, on May 17, 2019, the HC had dismissed Kumar’s appeal for cancellation of Mishra’s bail.
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