September 22, 2021 5:04:52 am
Rejecting the bail applications of two policemen arrested for conspiring with gangster Vikas Dubey during last year’s Bikru ambush in Kanpur in which eight policemen were killed, the Allahabad High Court on Tuesday said that policemen who are loyal to gangsters should be “taken to task and their conduct regularly monitored”.
“This is not an unknown phenomenon that there are policemen, maybe very few in numbers, who show their loyalty more to such gangsters than to their department for the reasons best known to them. Such policemen tarnish the image, name, and fame of police…” observed Justice Pradeep Kumar Srivastava.
The two suspended police officers — Vinay Kumar Tiwari, the then Station Officer of Chaubeypur, and Krishna Kumar Sharma, a sub-inspector — have been accused of informing Vikas Dubey about the police raid on the intervening night of July 2 and July 3 last year.
Dubey, who was arrested in Madhya Pradesh, was killed in a police encounter the following week while being brought back to Uttar Pradesh.
The High Court also expressed concern about the “trend that one or other political party welcomes gangsters and criminals involved in organised crime in the party and try to back and protect them, painting and spreading an imaginary image of Robinhood”.
The court said that this “trend needs to be stopped as soon as possible”.
“All the political parties should sit and together a decision is required to be taken by them that gangsters and criminals will be discouraged in politics and no political party will give the ticket to them in public elections,” said the court.
“The political parties should rise to the occasion and must guide themselves keeping in view that there cannot be a concept of ‘my criminal’ and ‘his criminal’ or ‘my man’ and ‘his man’…” the court observed.
Justice Srivastava also observed that “the pursuit of life, liberty, and peace includes freedom from crime” and that it is “the State’s foremost duty is to provide these basic rights to each citizen”.
Arguing for the bail of Vinay Tiwari, his lawyer told the court that there was “no direct or indirect evidence” against his client.
The counsel submitted that Tiwari had “no motive nor there was 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 the Investigating Officer and all of them in a tutored way stated about the closeness of the accused-applicants with gangster Vikas Dubey and his gang,” the lawyer submitted.
Additional Advocate General Manish Goyal, arguing for the prosecution, opposed the bail application, saying “the crime was committed because the police assisted the gangster and leaked the information about the raid”.
After hearing the arguments, the court said that the discussion “certainly goes to show” that the nature of offence and amount of culpability is “serious, heinous, shocking and unprecedented”.
“It is also evident that the main accused persons had prior information of the police raid and naturally, in the present set of facts, this information was revealed by police which not only made the main accused persons alert but also provided them fullest opportunity to prepare for the attack and commit such a horrendous crime in which eight police personnel, including the Circle Officer, sustained gunshot injuries and died,” said the court.
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