NEW DELHI: The Supreme Court on Wednesday allowed bail to Khushi Dubey, widow of Amar Dubey, an aide and relative of the slain gangster Vikas Dubey.
A bench of Chief Justice of India DY Chandrachud and Justice P S Narasimha noted that the petitioner was 16-17 years at the time of commission of the offence.
The court was not impressed with the Uttar Pradesh government counsel's contention that there was an allegation that she participated in the assault on the police.
Khushi challenged the Allahabad High Court order denying her bail. She was arrested after Vikas Dubey killed eight policemen who had gone to arrest him in a Kanpur village in July 2020.
Senior advocate Vivek Tankha, appearing for Khushi, submitted that his client was a minor at the time of the offence. He sought regular bail, also on the ground that a charge sheet has already been filed in the case.
Allowing her plea, the court said the trial court will set the terms for her release. It, however, specified that she will have to appear before the SHO of the concerned police station once and cooperate in the trial.
The police claimed Khushi had allegedly taken an active part in the ambush at Kanpurs Bikru village on July 3, 2020.
The petitioner contended that she was a minor on the date of the incident, and she was arrested solely because her husband was named in the FIR, and she had got married a week prior to the date of the incident. Khushi had claimed that she was not a member of the Vikas Dubey gang and her husband was the relative of the gangster.
In the high court, Khushi had said that she was declared a juvenile by a board on September 1, 2020, and on the day of the incident they had gone to Vikas Dubeys house.
Days after the ambush, Vikas Dubey was shot dead by the UP Police as he allegedly tried to flee from their custody. Khushi's husband was also later killed in a shootout.
