New Delhi Sept 15(ILNS): The Supreme Court today issued a notice in a bail plea filed by Khushi Dubey, the minor wife of Amar Dubey, an accused in the Bikru case wherein 8 Police officials died during a shootout.
A bench comprising of Justice S. Abdul Nazeer and Justice Krishna Murari while hearing the plea challenging the order of Allahabad HC wherein Bail application of Khushi Dubey wife of Amar Dubey, a relative of Vikas Dubey (Gangster) was rejected. The bench stated that it will only give any opinion once the reply is received from the State of Uttar Pradesh. Further, the bench also sought the response of the state apropos the minor age of accused Khushi Dubey at the time of the arrest.
Khushi Dubey’s counsel argued that she was a minor aging 17 years and 10 months old back when she was arrested and she got married a few days back before the incident. He further stated that another FIR was filed against Khushi when she was in custody and the bail applicant has nothing to do with the incident. Furthermore, she is in jail custody for 1 year now.
The case pertains to the infamous incident at Village Bikru, Kanpur Nagar when at the house of one Vikas Dubey, whom the Police, in strong numbers, had gone to arrest. The Police faced an ambush set by the dreaded gangster who along with his henchmen waited there. Vikas’s associates opened indiscriminate fire on the incoming police force, which led to eight police personnel being shot dead and another six sustaining grievous gunshot injuries along with one Station House Officer of the local police station.
The Police personnel who survived the shootout stated in their statements under Section 161 of the Criminal Procedure that while the menfolk pumped bullets into the police personnel, the wives of all the accused were aiding and instigating their husbands. Khushi Dubey was also credited with the role of instigating the menfolk. She is stated to have been atop a house adjoining Vikas Dubey’s, during the entire course of the brutal assault.
The accused Khushi Dubey had earlier applied for bail before Juvenile Justice Board (JJB) wherein she was found to be 16 years, 10 months, and 12 days old on the date of occurrence. The JJB however, rejected the bail application of the accused two times. She then filed an appeal before the Sessions Court under section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 which was also rejected. Thereafter the accused Khushi Dubey moved to the High Court wherein the court while rejecting the appeal observed that the case wherein the accused is involved is not of the 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. 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. Even if not primarily but certainly as an important player, the accused seems to have actively participated. However, the court also opined that the remarks are confined to judging the accused’s bail plea and should, in no way, be understood or construed as comments on the merits of the case/ILNS/AS/KR/SNG