Allahabad High Court rejects bail application in murder of police personnel

The Allahabad High Court has rejected the bail application of Jay Kant Bajpai @ Jay, involved in the incident of Kanpur (Vikroo) in which eight police personnel including the Circle Officer, Bilhore, were done to killed mercilessly and seven others police personnel received grievous injury.

A Single Bench of Justice Mayank Kumar Jain passed this order while hearing a Criminal Misc Bail Application filed by Jay Kant Bajpai @ Jay.

The bail application has been filed on behalf of the applicant Jay Kant Bajpai @ Jay in Case under Sections 147, 148, 149, 332, 353, 333, 307, 302, 396, 412, 120-B, 34, 504, 506 of I.P.C; Section 7 of the Criminal Law Amendment Act and Section 3/4 of Explosive Substance Act, Police Station Chaubeypur, District Kanpur Nagar with the prayer to enlarge him on bail during the trial.

As per the version of the prosecution, case under section 147, 148, 504, 323, 364, 342,307 IPC and Section 7 Criminal Law Amendment Act was registered at Police Station Chaubepur, District Kanpur Outer on 02.07.2020 at 23:52 PM against Vikas Dubey and 4 other named accused on the basis of First Information Report lodged by one Rahul Tiwari.

He alleged that on 01.07.2020 at 12:30 PM, the accused beat him up. The accused kidnapped him and confined him in a room. He somehow escaped from there. When he reached Vikroo turn, Bela road, Vikas Dubey fired upon him indiscriminately. He did not sustain any injury.

In order to arrest the named accused in the aforesaid FIR, the police party led by SHO Chaubepur, Vinay Kumar Tiwari, reached Vikroo. When they reached the gate of the house of accused Vikas Dubey, named and unnamed accused in the present F.I.R fired indiscriminately upon the police officers with firearm weapons.

In this heart wrenching incident, 8 police personnel were brutally beaten to death including a Circle officer and 7 police personnel got serious injuries. Accused persons looted the arms from the police personnel. The first information report of the incident was lodged by Sub Inspector Vinay Kumar Tiwari, the then SHO, P.S Chaubepur, District Kanpur Outer on 03.07.2020 at 5:30 AM against 21 named and 60-70 unnamed accused.

During the course of the investigation, on the basis of the statement of the main accused Vikas Dubey, it was revealed that the applicant was present in a meeting with Vikas Dubey and other accused persons in the evening of 02.07.2020 to carve out a plan to commit the murder of police persons who were scheduled to approach the slain leader Vikas Dubey to arrest him. The applicant had provided money and ammunition to the main accused Vikas Dubey. To provide safe passage to slain accused Vikas Dubey to perform the journey, the applicant promised to provide vehicles after killing the police party.

These facts were narrated by Vikas Dubey, the main accused of Vikroo massacre, when he was being brought to Kanpur Nagar from Ujjain, where he was arrested by the Madhya Pradesh Police. He was interrogated by the Investigating Officer during his journey from Ujjain to Kanpur Nagar. The statement of Vikas Dubey was noted in the case diary by the investigating officer. Apart from this, co-accused Prashant Kumar Shukla and Vipul Dubey also stated active involvement of the applicant in the Vikroo massacre. The statement of the applicant was also recorded by the investigating officer in which he admitted that he had provided money and ammunition to Vikas Dubey. He also provided a vehicle to him for his safe journey after the incident.

It has been argued by the counsel for the applicant that he is innocent and he has been falsely implicated in the case. The applicant is not named in the first information report. None of the witnesses referred to the involvement of the applicant in the incident that happened on 02.07.2020 at Vikroo. The applicant has been made accused in the case only on the basis of his confessional statement and the statement of co-accused Prashant Shukla which were recorded in police custody. The statements of applicant and co-accused Prashant Shukla are not admissible in evidence and they cannot be used against the applicant.

It is further contended that the applicant was not physically present at the place of where the incident took place. Instead he was at an engagement party in a hotel in Kanpur. When he came to know about the incident through T.V and other sources, he himself called the police. The applicant also provided the video footage of the party to the police. The applicant had met Vikas Dubey only once or twice in parties. Apart from this he had no relation with him.

It is further submitted that the applicant is a political and social worker and he did tremendous work during COVID-19 induced lockdown. Due to local rivalry, the enemies of the applicant had introduced the name of the applicant to police and the applicant has been made a scapegoat in the case.

It is further submitted that identically placed co-accused Sushil Kumar Tiwari, who was also not named in the first information report, has already been granted bail by the co-ordinate Bench of the Court vide order dated 01.11.2022. There is no cogent evidence against the applicant available on record, therefore, he is also entitled to be released on bail on the ground of parity. It is further submitted that applicant is languishing in jail since 20.07.2020 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

Per contra, Manish Goyal, Additional Advocate General assisted by Abhijeet Mukherjee for the State has opposed the prayer for grant of bail to the accused/applicant and argued that the historic incident is known as “Vikroo incident’’ in which eight police personnel were shot dead and seven received grievous injuries. The official arms were also looted in this incident. The name of the applicant being one of the accused in the case, surfaced in the statement of one Prashant Kumar Shukla who informed that the applicant was having cordial relation with the main accused Vikas Dubey. On his dictate the accused/ applicant visited the house of the accused Vikas Dubey in the evening of 02.07.2020 where the accused-applicant provided financial help amounting to Rs 2 lakhs and gave 25 cartridges of the fire-arms in front of co-accused Prashant Kumar Shukla. The applicant also assured Vikas Dubey to provide a vehicle for his safe journey after the incident.

The accused-applicant parked his vehicle near Shivli which was intercepted by the police and one car with fabricated pass of the assembly pasted on it was recovered. The accused applicant had full knowledge of the plan of the main accused for the commission of heinous offence to attack the police party in the intervening night of 2/3.07.2020 in village Vikroo in which 8 police personnel including Circle officer, Bilhaur were mercilessly shot dead and 7 police personnel received grievous injuries.

It is further contended that after the arrest of the accused-applicant, he confessed his guilt that he had relation with the main accused Vikas Dubey and also one day before the incident i.e on 01.07.2020, he gave Rs 2 lakhs to him. He also gave arms and ammunition and provided a vehicle for his safe journey to his destination. This fact is also supported with the confessional statement of co-accused Prashant Kumar Shukla. It is further contended that the applicant is a habitual offender. After the investigation a charge sheet came to be filed against him.

The Court observed that,

In view of the above observations and legal propositions, the statement made by main accused Vikas Dubey will be considered prima facie to indicate the involvement of the applicant in the Vikroo massacre.

In view of the above observations made by the Apex Court and keeping in view the fact and circumstances of the case and the complicity of the accused about his involvement in the crime, the applicant is not entitled for releasing him on bail on the ground of parity.

Manish Goyal has submitted that applicant has criminal history of as much as 14 cases to his credit from the year 2010 including the cases of the nature of heinous offences including Section 395, 302, 307 I.P.C, Gangster Act, Explosive Act and N.S.A had also been imposed against the applicant. It demonstrates that the applicant has been involved in certain heinous offences and he is a hardened criminal. If he is released on bail it will give him an opportunity to temper the witnesses. The criminal history of the applicant is to be taken into consideration while releasing him on bail.

It is argued on behalf of State that the co-accused Sushil Kumar Tiwari against whom the applicant is claiming the parity had criminal history of four cases while the applicant has a criminal history of 14 cases to his credit. Therefore, the applicant cannot claim parity on this score also.

“Therefore, it is concluded that on the basis of above discussion, it is clear that the nature of the offence and amount of culpability is serious and heinous. The applicant has a criminal history of cases of heinous nature to his credit. The applicant is actively involved in the incident in which eight police personnel including the Circle Officer, Bilhore, were killed mercilessly and seven others police personnel received grievous injury. The applicant actually assisted the main accused Vikas Dubey by providing him Rs 2 lakh and 25 cartridges to be used in the incident. Further, the applicant also promised and provided vehicles to slain accused Vikas Dubey for his safe journey to his next destination after committing one of the most heinous crimes. Therefore, I do not find any sufficient reason to allow the bail application of the applicant”, the Court further observed while rejecting the bail application.

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