BSP minister attack case: SC asks UP govt to apprise status of trial against accused Dileep Mishra
Jul 15, 2020
New Delhi [India], July 15 : The Supreme Court on Wednesday asked the Uttar Pradesh government 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 two persons, including one journalist.
The SC bench led by Justice Sanjay Kishan Kaul also sought information on other cases against Dileep Mishra and posted the matter for hearing after two weeks.
"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)," the bench said.
On July 12, 2010, Nandi, his personal security guard Sanjay Singh, the journalist Vijay and 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 and 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.
Kumar claimed Mishra was granted bail despite sufficient material on record showing he has committed various offenses and has been tampering with evidence and threatening witnesses thereby violating the bail conditions.
"The High Court seriously erred in not considering the fact that Mishra is a history-sheeter and habitual offender," Kumar said, and added that after the release of Mishra on bail 28 witnesses have turned hostile.
In the plea, Kumar said Mishra was in jail with respect to some other offence and he had planned and executed the attack on Nandi from there.
On September 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 and trial has not proceeded after the filing of the charge sheet on July 13, 2011.
The High court 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 and making them hostile. Kumar also contended that two FIRs have been lodged against Mishra on May 7 and 9, 2015 under the Arms Act while he was on bail.
However, on May 17, 2019, the High Court had dismissed Kumar's plea for cancellation of Mishra's bail.
