Slain Gangster Vikas Dubey's Wife Granted Anticipatory Bail By Allahabad High Court In Cheating Case

The Allahabad High Court has granted anticipatory bail to the wife of slain gangster Vikas Dubey (of Bikru, Kanpur) in a case registered against her under Sections 419 and 420 of IPC for allegedly using her servant's SIM card without his will.

The bench of Justice Suresh Kumar Gupta granted her grant anticipatory bail to the applicant till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the trial Court concerned.

Before the Court, the counsel for the applicant, Prabha Shanker Mishra submitted that the applicant is innocent and has been falsely implicated in the present case and that she had never committed any offence as alleged in the impugned FIR.

It was further submitted that earlier she was granted anticipatory bail till the filing of the charge sheet and during the investigation, she had fully cooperated in investigation, but the Investigating Officer, ignoring this fact, without collecting cogent and credible evidence, submitted the charge sheet against her.

It may be noted that last year in October, the Allahabad High Court had dismissed her plea seeking quashing of the entire criminal proceedings in this case.  

The Bench of Justice Shamim Ahmed had dismissed her plea noting that the ingredients for the offence under Section 419, 420 IPC are completely made out against her and stressed that her acts and omissions had tainted the reputation of the servant, forming part of his right to life under Article 21 of the Constitution of India.

Read more about the case here: "Used Servant's SIM Against Will, Tainted His Reputation": Allahabad HC Dismisses Vikas Dubey Wife's Plea To Quash Case U/S 419, 420 IPC

Thereafter, she moved to the Supreme Court challenging Allahabad HC's order. The Supreme Court had granted her 7 days' time to surrender before the trial court for the purpose of applying for regular bail.

In order to comply with Supreme Court's order, she had moved an application before the Court where her trial was pending stating that the trial was not being held in the proper court, as the Trial ought to take place before the Judicial Magistrate of First Class. The said application had sought clarification as to before which court should she surrender. No order was passed on this plea, therefore, earlier this year, she moved an anticipatory bail application, which was rejected by the Kanpur Nagar Court, and therefore, she moved to the High Court with the instant plea challenging that very order.

Counsel Prabha Shanker Mishra, assisted by Ayush Mishra appeared for Richa Dubey 

Case title - Richa Dubey v. State of U.P. [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION US 438 CR.P.C. No. - 7168 of 2022]

Case Citation: 2022 LiveLaw (AB) 389

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