Allahabad HC grants bail to former SHO in Bikru policemen ambush case
Prayagraj, The Allahabad High Court has granted bail to a former station house officer of Chaubepur in Kanpur who is an accused in the Bikru ambush case in which eight policemen were killed in 2020.
Vinay Kumar Tiwari had allegedly informed main accused gangster Vikas Dubey about an ensuing raid of police against him.
In the ambush by the gangster, as many as eight policemen were killed on July 3, 2020.
Granting bail to Tiwari, Justice Siddharth on June 16 said, "Having considered the submissions of the parties, finding force in the submissions made by the counsel for the applicant, keeping in view uncertainty regarding conclusion of trial, one sided investigation by police, ignoring the case of accused side, applicant being under-trial having fundamental right to speedy trial, the larger mandate of the Article 21 of the Constitution, without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail."
During the course of hearing, Tiwari's counsel submitted that he is in jail since July 8, 2020. The prosecution took more than two-and-a-half years to commence the trial on March 1, 2023 after filing of the charge sheet on September 30, 2020.
Before the trial court, there are 102 prosecution witnesses and about 13 have been examined.
There is no credible evidence collected by the investigating officer against Tiwari to prove that he informed main accused Dubey about the police raid against him nor his relationship with the gangster was proved, the counsel argued.
A number of co-accused have also been enlarged on bail, the counsel said.
Opposing the bail plea of Tiwari, the state's counsel submitted that he and co- accused KK Sharma, who is also a policeman, conspired with Dubey, which led to the incident and the eight police personnel were murdered.
The counsel also submitted that 14 prosecution witnesses have been examined out of 102. The trial will conclude soon.
The counsel further informed that the fifth bail application of Sharma was rejected by the co-ordinate bench of the court on May 12.
On July 3, 2020, DSP Devendra Mishra and seven other Uttar Pradesh Police personnel were killed in the ambush launched by Dubey's gang in Bikru village in Kanpur when they were on their way to arrest the gangster.
Following these events, Dubey was killed when he tried to escape from police custody.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
4 hours ago
- Time of India
Wife's WhatsApp chats obtained via 'spy app' used as valid evidence about her extramarital affair in Divorce case, what Madhya Pradesh HC said
In a crucial ruling, the Madhya Pradesh High Court has reportedly permitted a husband to present his wife's private WhatsApp chats as evidence in a divorce case, even though they were obtained without her consent. Tired of too many ads? go ad free now The court's decision, based on Section 14 of the Family Courts Act , 1984, allows Family Courts to consider evidence that may not be admissible under the Indian Evidence Act, 1872, to resolve disputes like divorce. The case arose when the husband, using a special app (spy app) installed on his wife's phone without her knowledge, accessed her private WhatsApp conversations. These chats allegedly revealed an extramarital affair, prompting the husband to seek divorce on grounds of cruelty and adultery. The wife's legal team objected, arguing that presenting the chats violated her under Article 21 of the Constitution and Sections 43, 66, and 72 of the Information Technology Act, 2000. They further contended that evidence obtained illegally should be inadmissible. Rejecting these arguments, the High Court emphasized that while the right to privacy is a fundamental right under Article 21, it is not absolute and is subject to limitations. Citing Supreme Court judgments, including the Sharda and Puttaswami cases, the court noted that statutory provisions like Section 14 of the Family Courts Act and Section 122 of the Indian Evidence Act permit limited invasions of privacy in the interest of justice. The court framed the issue as a conflict between two fundamental rights under Article 21: the wife's right to privacy and the husband's right to a fair trial. Tired of too many ads? go ad free now It ruled that the right to privacy must yield to the right to a fair trial, which has broader implications for public justice. 'A litigating party has a right to bring relevant evidence before the court,' the court stated, adding that denying this opportunity would undermine the Family Courts Act's intent. The High Court clarified that it was not ruling on the authenticity of the WhatsApp chats, leaving that determination to the Family Court. If the chats are deemed genuine, they could support the husband's case for divorce on grounds of cruelty and adultery. This ruling has sparked debate over the balance between privacy rights and the pursuit of justice in family disputes, with potential implications for how digital evidence is handled in Indian courts.
Time of India
6 hours ago
- Time of India
Habeas corpus untenable for tracing missing person: Telangana HC
H YDERABAD: The Telangana high court recently dismissed a habeas corpus petition filed by a woman seeking directions to the police to trace her missing father, who is an advocate. The court ruled that a habeas corpus petition is not maintainable merely for locating a missing person. A division bench comprising Justice Moushumi Bhattacharya and Justice BR Madhusudhan Rao observed that the petition failed to establish sufficient grounds for invoking the extraordinary remedy of habeas corpus. The bench clarified that the purpose of a habeas corpus writ is to secure the release of a person from illegal detention, not to trace individuals who are unaccounted for without evidence of unlawful custody. The order was passed in response to a plea by the woman, a resident of Chilkalguda, who claimed her father had been missing for the past year. She alleged that he disappeared while in Kerala, and sought the court's intervention to direct the authorities to trace him. The bench said that the petitioner had previously filed a similar writ petition, which was dismissed for default in April this year due to non-prosecution. Importantly, she had not filed any application to restore the earlier petition. In conclusion, the court held that the present writ was not maintainable under Article 226 of the Constitution and dismissed the petition.
Hindustan Times
7 hours ago
- Hindustan Times
₹3.31-cr embezzlement: CB-CID files chargesheet against former VC of Bhatkhande
The crime bureau-criminal investigation department (CB-CID) of the Uttar Pradesh Police has filed a chargesheet against the former vice-chancellor (VC) of Bhatkhande Music Institute Deemed University, professor Shruti Sadolikar Katkar, and six more employees in connection with alleged financial embezzlement to the tune of ₹ 3.31 crore during her tenure between 2009 and 2020. The FIR was lodged against the former VC of Bhatkhande Institute and others at Qaiserbagh police station on March 5, 2021. (Sourced) Confirming the filing of the chargesheet in a special court in Lucknow for cases under the Prevention of Corruption Act earlier this week, CB-CID officials said the court would frame charges against the accused before starting the trial. Katkar's tenure as vice-chancellor was controversial, and governor Anandiben Patel, who is also president of the Bhatkhande Music Institute Deemed University, had terminated her services on December 21, 2020. Before that, she had been placed under suspension for months. Katkar could not be contacted for her comment as her previous number is not operational. According to a senior CB-CID official, the FIR was lodged against Katkar and others for financial embezzlement at Qaiserbagh police station on March 5, 2021. The FIR was filed after the governor ordered the principal secretary, culture, to initiate legal and administrative action against Katkar for alleged financial and administrative irregularities in a report submitted by a three-member inquiry committee to Raj Bhavan. The senior official said the committee was headed by justice Virendra Kumar Dixit, a retired judge of the Allahabad high court. He further said the committee found that in 2018, Katkar had approved a ₹ 3.08-crore project for construction of Kala Mandap without following any tender process. Similarly, a private engineering firm was allocated work to the tune of ₹ 23 lakh without following the tendering process. Several other firms were paid over ₹ 4 crore in two years' time by her. The committee found that an additional ₹ 1.8 crore was yet to be paid to several other firms, the official said citing the governor's order. The senior official said that the allegations and findings were corroborated during the CB-CID investigation, following which the chargesheet was filed against Katkar and six other employees, including the then drawing and disbursing officer. It was found in the investigation that Katkar, along with other employees, flouted government rules and regulations, causing financial losses, the official said, adding the chargesheet also names 12 firms accused for their involvement in financial irregularities to the tune of ₹ 3.31 crore. Katkar was suspended on July 31, 2020 when it was found that she was residing outside the headquarters without seeking permission from competent authority and had nominated Dr Manoj Kumar Mishra, head of the department, to run the university administration on her behalf. In her order, the governor said despite several opportunities given to the Bhatkhande vice-chancellor to defend herself against 15-point allegations by appearing before the inquiry committee, Katkar neither showed up, nor submitted her representation against the charges. Thereafter, the committee sent her letters, asking her to respond to the allegations. In her reply, VC sent a letter to the committee in September, 2020. The committee, after reviewing her response, found her guilty for at least six of the 15 charges levelled against her, according to the governor's order.
