Allahabad High Court
K.K. Sharma @( Krishna Kumar Sharma) vs State Of U.P. on 12 April, 2023
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11107 of 2022 Applicant :- K.K. Sharma @( Krishna Kumar Sharma) Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Narayan Verma,Jai Prakash Singh,Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard learned counsel for applicant and learned AGA for State.
2. This is second bail application of applicant-K.K. Sharma (Krishna Kumar Sharma) for enlargement on bail in Case Crime No. 192 of 2020, under Sections 147, 148, 149, 302, 307, 504, 506, 353, 333, 332 IPC, 7 Criminal Law Amendment Act and 3/4 Explosive Substance Act, Police Station Chaubeypur, District Kanpur Nagar. Applicant?s first bail application was rejected by a reasoned order dated 21.09.2021.
3. This Court vide order dated 15.03.2023 has sought status report of Trial. Special Judge (Dacoity Affected Area), Kanpur Dehat has submitted a report that examination-in-chief of PW-1 is concluded and matter is at the stage of his cross-examination, however, due to strike of Advocates it is not concluded.
4. Learned counsel for applicant submits that prosecution has proposed as many as 102 witnesses, therefore, trial may not be concluded in near future.
5. Learned AGA appearing for State submits that first bail application was rejected on 21.09.2021 and trial is proceeding and there is no subsequent ground for consideration in this bail application.
6. Taking note of above submissions and that first bail application was rejected by a detailed and reasoned order as well as taking note of allegations that during a raid, police force was encountered by the gangster Vikas Dubey and members of his gang in a very planned way, wherein eight police personnel were brutally killed and several police personnel sustained serious firearm injuries and that it is not a case of prolong detention, therefore, the application is dismissed as this stage. However, applicant is at liberty that in case trial is not concluded within a reasonable time, he may renew his bail application before Trial Court.
Order Date :- 12.4.2023 AK