Judiciary Update

YB WEB DESK. Dated: 9/22/2021 6:56:40 AM

High Court denies bail to two UP Police officers in 2020 Bikru shootout case

Allahabad, Sep 21 The Allahabad High Court denied bail to two Uttar Pradesh Police officials SO Vinay Kumar Tiwari and Beat Officer Krishna Kumar Sharma, who are facing conspiracy charges in connection with the ambush in Bikru village on July 3, 2020. A single-judge bench of Justice Pradeep Kumar Srivastava passed this order while hearing a Criminal Misc Bail Application filed by Vinay Kumar Tiwari. The bail applications have been filed by Tiwari and Sharma in the case under Sections 147, 148, 149, 302, 307, 504, 506, 353, 332, 333, 396, 412, 120B, 34 IPC, Section 7 of Criminal Law Amendment Act and Section ¾ of Explosive Substances Act, P.S.- Chaubeypur, District – Kanpur Nagar. The facts of the case are that on July 3, 2020, at 1 am midnight, the incident took place in respect of which on the same day in the early morning at 5:35 am, the FIR was lodged in which 21 accused persons were named with 60 to 70 unnamed accused persons and the allegation was that an FIR was registered on July 02, 2020, under section 147, 148, 504, 323, 364, 342, 307 IPC and section 7 of Criminal Law Amendment Act, 1932 against Vikas Dubey, Sunil Kumar, Bal Govind, Shivam Dubey and Amar Dubey. Station Officer Vinay Kumar Tiwari with other SI and Constables with weapons and cartridges reached Bela crossing, where, as planning CO Bilhaur Devendra Kumar Mishra with other police officers along with Government Vehicle and Driver and SHO Bithoor, Kaushalendra Pratap Singh with other police officers along with Government Vehicle and Driver and also SHO Shivrajpur, Mahesh Yadav with SI and Constables, after due consideration, set out from the place in search and arrest of the accused persons. Between the police parties of three police stations mentioned above, in view of fencing around the house of accused, which is surrounded by big walls of adequate height with barbed wire fencing and huge iron gates in different directions, it was decided that on reaching the main gate in the leadership of CO Bilhour, the police will be divided into three teams. The first police team was led by CO Bilhour, the second by SHO Bithoor and the third by SO Chaubepur. The police teams and police officers ensured that there was no illegal article with them. Thereafter, the police party departed from Diwedi Atta Chakki to Bikru village and the moment they reached 20 metres close to the house of accused Vikas Dubey (now dead), it was found that on the road, a JCB machine was standing horizontally in such manner that the road was almost blocked. The police party anyhow, from the remaining space, managed to reach the Tiraha close to the house gate of accused Vikas Dubey. Submission of the Senior counsel for accused applicant Vinay Tiwari is that there is no direct or indirect evidence against him. It was a police raid conducted by the police party, which was countered by the main accused persons and in the incident, 8 police persons were killed by gunshot injuries and 7 policemen also sustained gunshot injuries. The accused applicant was himself leading one of the police parties. He himself lodged the FIR against the main accused persons and he also lodged FIR on the basis of information given by Rahul Tiwari implicating them. Therefore, it has been submitted that there is no question of the accused-applicant being involved in the commission of the offence. He has no motive nor was there any reason for him to enter into the so-called conspiracy which resulted in such a heinous crime. Further submission is that the witnesses have changed their version when they were subsequently examined by IO and all of them in a tutored way have stated about the closeness of the accused-applicants with gangster Vikas Dubey and his gang. It has been further submitted that the applicants have been falsely implicated. Late CO Devendra Mishra was informed about the incident of Rahul Tiwari who directed him not to make entry in GD as the police is going to take stern action and this will alert gangster Vikas Dubey. Counsel for the applicants said that the applicants had no cordial relation with them. The said viral letter of CO indicating close relation is forged and has been obtained from social media. No such letter was sent by CO Mishra to SP, Kanpur Nagar nor the applicant was put to any departmental proceeding nor any explanation was asked from him. It has also not been mentioned in his suspension order. The allegations regarding his conduct during the raid are vague, imaginary and false and are not supported by any evidence. Additional Advocate General Manish Goyal has argued that it is not a case of simple crime and the crime has been committed because the police assisted the gangster and leaked the information with regard to raid and, because of the prior information about the raid.

 

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