A Kanpur court on Thursday granted bail to a tobacco tycoon’s son, Shivam Mishra, hours after he was arrested for crashing his Lamborghini into pedestrians on Sunday. The 24-year-old Mishra, who argued his own case, was released on a personal bond of Rs 20,000, with the court citing 'no due legal process was followed' by the police in pursuing the matter.
In the case related to the high-profile hit-and-run, the court rejected the police’s application for judicial remand of accused Shivam.
During the hearing, Shivam appeared in court and argued his own case, and the judge questioned aspects of the police investigation and the notices served.
According to the court’s ruling, the police did not properly follow the required procedure before arresting Mishra.
The judge observed that the notice that should have been issued under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, was not served in accordance with the law.
The court also noted that the guidelines laid down by the Supreme Court in the Arnesh Kumar vs. State of Bihar case — which aim to prevent unnecessary arrests — were not adhered to.
Mishra was booked under relevant sections of the BNSS Act. The investigating officer had taken him into custody and requested a 14-day remand for further questioning.
However, after examining the case record and the manner in which the arrest was made, the court found procedural lapses and declined the remand request.
In its order, the court made it clear that an arrest carried out without following due process cannot be treated as valid. It went on to emphasise that legal safeguards must be respected during investigations.
The court directed that Mishra be released on a personal bond of 20,000, subject to certain conditions. He has been instructed to cooperate fully with the ongoing investigation, appear before the court as required, and refrain from influencing witnesses or tampering with evidence in any form.
The investigation in the case will continue in accordance with the law.
Shivam Mishra was granted bail hours after he was arrested, days after a Lamborghini crash in Kanpur. Police maintained that he was driving the luxury car when it rammed into pedestrians and vehicles on VIP Road.
Authorities had sought his 14-day remand, stating he had been evading investigators and failing to cooperate.
DCP Atul Kumar Srivastava said five teams were formed after receiving inputs about Shivam’s whereabouts in the city.
He was taken for a medical examination before being produced in court. Visuals showed him limping and being assisted by police personnel.
The accident occurred around 3 pm on Sunday when the speeding Lamborghini Revuelto, valued at over Rs 10 crore, lost control and struck people and vehicles before stopping on a divider. An FIR was lodged by injured e-rickshaw driver Mohd Taufeeq.
The case saw a twist when a man named Mohan claimed he was driving and alleged Shivam suffered a seizure.
However, police reports did not list Mohan as an accused, and the court declined to accept his surrender.
Officials cited CCTV footage, eyewitness statements, and videos suggesting Shivam was pulled from the driver’s seat after the crash. The car was seized for forensic analysis.
Previously, KK Mishra also claimed that Shivam was not behind the wheel of the car. Videos also went viral showing bouncers linked to the businessman trying to tear off the vehicle's registration plate, ostensibly to conceal the identity of its owner.
However, police told the court on Thursday that a thorough investigation had firmly established that Shivam was himself driving the Lamborghini at the time of the crash on Sunday night.
