The Allahabad High Court has granted bail to Vinay Kumar Tiwari, a former Station House Officer (SHO) of Chaubepur, Kanpur, who is facing trial for allegedly aiding gangster Vikas Dubey in the infamous Bikru ambush case that led to the killing of eight Uttar Pradesh policemen in July 2020.
Justice Siddharth, while passing the order on June 16, noted several concerns including the prolonged pre-trial detention of the accused, slow progress of the trial, and concerns over a “one-sided investigation.” The court emphasized the undertrial’s fundamental right to a speedy trial under Article 21 of the Constitution.
“Having considered the submissions of the parties, finding force in the submissions made by the counsel for the applicant… and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail,” the court observed.
Tiwari’s counsel argued that the former SHO has been in judicial custody since July 8, 2020. Despite the filing of the chargesheet on September 30, 2020, the prosecution took over two and a half years to begin the trial, which commenced on March 1, 2023. Out of the 102 listed prosecution witnesses, only around 13 have been examined so far.
It was further submitted that there is no direct or credible evidence indicating that Tiwari informed Vikas Dubey about the impending police raid, nor was any relationship between the two established during investigation. Several co-accused in the case have also been granted bail, the defense pointed out.
However, the prosecution opposed the plea, asserting that Tiwari, along with another co-accused policeman KK Sharma, had conspired with Dubey, ultimately leading to the ambush and killing of Deputy Superintendent of Police Devendra Mishra and seven other police personnel. The prosecution noted that 14 witnesses had already been examined and the trial was progressing toward completion. It also cited that Sharma’s fifth bail application had recently been rejected by the High Court on May 12.
The Bikru ambush on July 3, 2020, shocked the nation when a police team attempting to arrest Dubey was ambushed in Kanpur’s Bikru village. In the aftermath, Vikas Dubey was killed days later in a police encounter while allegedly attempting to escape custody. The case led to widespread scrutiny of the nexus between law enforcement and criminal networks in Uttar Pradesh.
