Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33828 of 2019 Applicant :- Kapil Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Yogendra Pal Singh, learned counsel for the applicant, Sri Ashwani Prakash Tripathi, learned AGA for the State and perused the material on record.
This second bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Kapil Sharma, seeking enlargement on bail during trial in connection with Case Crime No. 5 of 2017, under Sections 302, 506 I.P.C., registered at P.S. Kankhera, District Meerut. The first bail application was rejected by Hon'ble Rajesh Dayal Khare,J.(as he then was) vide order dated 10.10.2017 passed in Criminal Misc. Bail Application No. 35171 of 2017(Kapil Sharma Vs. State of U.P.) on merit.
Learned counsel for the applicant while submitting in the second bail application argued that fresh and new ground is that the trial in the present case has started being Sessions Trial No. 383 of 2017, State Vs. Kapil Sharma and others, in which P.W.-
1 Preetam Singh and P.W.-2 Hitesh Kumar have been examined, copies of which are annexed as annexure nos. 4 and 5 to the affidavit respectively and it is argued that the same be appreciated to show that the applicant has been falsely implicated in the present case. It is argued that the applicant has no other criminal antecedents as stated in para-12 of the affidavit and is in jail since 12.10.2020.
Per contra, learned AGA has opposed the prayer for bail and argued that the trial in the present case is in progress and releasing the applicant on bail at this stage may have an adverse effect.
Looking to the facts and circumstances of the case, nature of evidence, gravity of offence and particularly the trial of the case has started, I do not find it to be a fit case to release the applicant on bail.
The bail application is rejected.
However, the trial court is directed to expedite the Sessions Trial No. 383 of 2017 and conclude the same preferably within a period of six months without giving any unnecessary adjournments to either of the parties strictly in accordance with Section 309 Cr.P.C., subject to any legal impediment.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal,J.) Order Date :- 5.1.2021 Naresh