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2025 DAILYLAW 73740 (ALL)

K.K. SHARMA ALIAS KRISHNA KUMAR SHARMA v. STATE OF U.P.

BAIL/25402/2025 · 2025-08-10

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135591 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25402 of 2025 Applicant :- K.K. Sharma Alias Krishna Kumar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Prashant Mishra, learned counsel for applicant and Sri Vikas Sahai, learned AGA for State. 2. This is sixth bail application filed by applicant-K.K. sharma alias Krishna Kumar Sharma in Case Crime No. 192 of 2020, under Sections 147, 148, 149, 302, 504, 506, 353, 332, 333, 396, 412, 120B, 34 IPC, 7 Criminal Law Amendment Act and 3/4 Explosive Substance Act, Police Station Chaubeypur, District Kanpur Nagar. Fifth bail application of applicant was rejected vide order dated 12.05.2025 and relevant part thereof is mentioned hereinafter: “3. In pursuance of order of this Court, trial Court has submitted status report that out of proposed 102 witnesses, 13 have already been examined. In charge sheet, there are as many as 18-19 eye witnesses and 5-6 injured witnesses as well as that all prosecution witnesses have been cross-examined at length, therefore, it cannot be said that trial is not proceeding as well as since applicant is a police inspector, therefore, in case he is granted bail, there is much likelihood that he would try to influence witnesses who are mainly police personnel. 4. Argument of learned counsel for applicant is essentially based on period of incarceration i.e. 4 years and 10 months. It could be considered as prolong detention period, however, as referred above, applicant who is facing a very serious charge and in the occurrence, many police personnel were murdered, therefore, as referred above, there is still a likelihood that applicant may influence other material witnesses who are mainly police personnel. 5. Another argument of learned counsel for applicant is that statement of witnesses so recorded before trial Court does not mention applicant's name, however, at this stage, Court cannot enter into such details since statement of some eye witnesses and injured witnesses are still to be recorded, therefore, at this stage, prayer for bail cannot be considered. 6. In view of above, this Court does not find any ground to release applicant on bail. Accordingly, present bail application is rejected. 7. However, a liberty is granted to applicant to renew his bail application after a reasonable period before this Court or trial Court, as the case may be, along with status report.” 3. Present bail application was filed on 08.07.2025, i.e., within a short period of two months, mainly on ground that one of the co-accused, Vinay Kumar Tiwari, whose first bail application was also rejected alongwith applicant’s first bail application vide order dated 21.09.2021, has recently been granted bail vide order dated 16.06.2025 mainly on ground of long incarceration. 4. Learned counsel for applicant also submits that applicant was newly appointed in Police Department and he was involved in this case only within 2-3 weeks of his service as well as he is in jail for last about five years. 5. Per contra, learned AGA submits that within a short period of two months there is no new ground to consider the present bail application. 6. I have considered the above submissions. Applicant has approached this Court within a period of two months after his fifth bail application was rejected, which is not a reasonable period since while rejecting fifth bail application, this Court has granted liberty to applicant to approach this Court after a reasonable period. 7. A subsequent event that co-accused, Vinay Kumar Tiwari has recently been granted bail, cannot be considered at this stage since applicant has rushed this Court within a short period after his fifth bail application was rejected. 8. The present bail application is accordingly rejected. It is directed that applicant can approach this Court atleast after a period of six months from today alongwith status of trial. Order Date :- 11.8.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad