Allahabad High Court
Sangam Singh vs State Of U.P. on 25 April, 2023
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48914 of 2022
Applicant :- Sangam Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Prakash Chandra Srivastava
Counsel for Opposite Party :- G.A.,Akash Kumar Verma
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State, learned counsel appearing on behalf of the informant and perused the record.
By means of this application under Section 439 of Cr.P.C., applicant-Sangam Singh, who is involved in Case Crime No. 293 of 2022, under Section 304 I.P.C., Police Station Gola, District Gorakhpur, seeks enlargement on bail during the pendency of trial.
At the outset, learned Additional Government Advocate pointed out that in paragraph 12 of the affidavit filed in support of bail application, it is mentioned that applicant has no criminal history to his credit whereas apart from this case, applicant has criminal history of following five cases:-
(i) Case Crime No. 472 of 2010, under Section 356 I.P.C., Police Station Gola, District Gorakhpur.
(ii) Case Crime No. 113 of 2017, under Sections 323, 504, 452, 427, 507, 376 I.P.C. and Sections 3/4 POCSO Act, Police Station Gola, District Gorakhpur.
(iii) Case Crime No. 89 of 2019, under Sections 323, 504, 506, 452 I.P.C. and Section 3(1) ?, ? of SC/ST Act, Police Station Gola, District Gorakhpur.
(iv) Case Crime No. 35 of 2020, under Section 379 I.P.C.,Police Station Gola, District Gorakhpur.
(v) Case Crime No. 14 of 2022, under Sections 504, 323 I.P.C. and Section 3(1) ?, ? of SC/ST Act, Police Station Gola, District Gorakhpur.
On putting query, learned counsel for the applicant could not dispute the aforesaid submission of learned A.G.A. and submits that deponent of this case is brother-in-law of the applicant and he was not aware about criminal history of the applicant, therefore, the same has not been mentioned.
Having heard learned counsel for the parties, I find that the applicant has not come with clean hand as he has suppressed and concealed the material facts about his criminal history, which is also one of the relevant aspect for considering the bail prayer of the applicant.
In view of judgment of Hon'ble the Apex Court in the case of Neeru Yadav vs. State of U.P., (2015) 3 SCC 527, criminal antecedents of the accused cannot be ignored while deciding bail application. Discretionary powers of Courts to grant bail must be exercised in a judicious manner in case of a habitual offender. The said judgment has been further followed by the Apex Court in the case of Sudha Singh vs. State of U.P. and another, 2021 (4) SCC 781.
The courts of law are meant for imparting justice between the parties. One, who comes to the court, must come with clean hands and no material facts should be concealed. I am constrained to hold that more often the process of the court is being abused by unscrupulous litigants/accused to achieve their nefarious design. I have no hesitation in saying that a person, who has approached the Court concealing material facts is not entitled for any relief and such petition/application can be summarily thrown out at any stage of the litigation.
Accordingly, the instant bail application is rejected.
However, it is open for the applicant to move second bail application with correct facts.
Order Date :- 25.4.2023
Saurabh
