Allahabad HC rejects bail plea of Bikru minor widow

The Allahabad High Court has rejected the bail plea of Khushi Dubey, the minor widow of slain gangster Amar Dubey, who is one of the accused in the Bikru ambush in which eight policemen were killed by slain gangster Vikas Dubey and his accomplices on July 3 last year.

Dismissing the revision petition filed by Khushi, Justice J.J. Munir observed, "An overall look on the circumstances of the case brings to mind the fact that the occurrence, in which the revisionist was involved, was not of an ordinary kind. Not only the spontaneous elimination of eight policemen in action and six others left injured, is a horrendous crime that shocks the conscience of the society, but also an act that strikes at the roots of the state's authority in its territory."

The court further said, "It speaks about the unfathomable extent of the lack of fear of the state in the minds of those who conceived and executed the dastardly act."

According to petitioner's counsel, Khushi was about 16 years and 10 months old on the date of the incident and a few days before the incident, she was married to Amar Dubey, the relative of Vikas Dubey.

According to the petitioner, she was not a member of the gang of Vikas Dubey, rather her husband was a relative of Vikas and on the date of incident, they went to Vikas's house. She had no role in the incident.

The ambush took place on July 3, 2020 when police went to arrest Vikas Dubey from his house in the Bikru village of Uttar Pradesh's Kanpur Nagar. Vikas Dubey and his associates opened indiscriminate fire on the police force, which led to eight police personnel being shot dead and six others getting grievous gunshot injuries.

The state government opposed the bail plea on the ground that as per statements of the survivor policeman of that ghastly episode, the juvenile was an active participant throughout the assault. She was aiding and instigating the men not to spare any policeman.

The state government counsel further argued, "Considering that she is above 16 years of age, and the offence involved is heinous in nature, the Board have opined, on a preliminary assessment, that the revisionist has the requisite mental and physical capacity to commit the offence, as also the ability to understand the consequences.

The Board has also considered the circumstances in which she committed the dereliction and doing all this, opined that it is fit case where the petitioner deserves to be tried as an adult."

The court while rejecting the bail plea observed, "Prima facie, if not at the centre stage of this diabolical act, certainly as an important player, the revisionists seem to have actively participated. In the circumstances, permitting the revisionist to walk out free on bail would shake the law-abiding citizens' faith in the rule of law and the state's authority. If that were to be done, it would certainly defeat the ends of justice."