Allahabad High Court
Kapil vs State Of U.P. on 20 January, 2023
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43916 of 2022
Applicant :- Kapil
Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd Imran Khan
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record.
The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 378 of 2020, under Sections 302, 34 I.P.C., Police Station Daurala, District Meerut, during the pendency of trial.
At the outset, learned Additional Government Advocate pointed out that in paragraph 23 of the affidavit filed in support of bail application, the applicant has disclosed his criminal history of 06 cases only whereas the applicant has criminal history of total following 13 cases:-
(i) Case Crime No. 217 of 2015, under Section 3/25 Arms Act, Police Station Bhopa, District Muzaffar Nagar
(ii) Case Crime No. 442 of 2014, under Sections 386, 506 IPC, Police Station Bhopa, District Muzaffar Nagar
(iii) Case Crime No. 424 of 2014, under Section 25 Arms Act, Police Station Bhopa, District Muzaffar Nagar
(iv) Case Crime No. 509 of 2015, under Section 3/4 Goonda Act, Police Station Bhopa, District Muzaffar Nagar
(v) Case Crime No. 688 of 2015, under Section 307 IPC, Police Station Bhopa, District Muzaffar Nagar
(vi) Case Crime No. 689 of 2015, under Section 25 Arms Act, Police Station Bhopa, District Muzaffar Nagar
(vii) Case Crime No. 340 of 2020, under Section 307 IPC, Police Station Bhopa, District Muzaffar Nagar
(viii) Case Crime No. 319 of 2020, under Sections 302, 120 IPC, Police Station Bhopa, District Muzaffar Nagar
(ix) Case Crime No. 341 of 2020, under Section 25/27 Arms Act, Police Station Bhopa, District Muzaffar Nagar
(x) Case Crime No. 343 of 2020, under Section 25 Arms Act, Police Station Bhopa, District Muzaffar Nagar
(xi) Case Crime No. 65 of 2020, under Sections 395, 412 IPC, Police Station Bhopa, District Muzaffar Nagar
(xii) Case Crime No. 161 of 2021, under Section 2/3 Gangster Act, Police Station Bhopa, District Muzaffar Nagar
(xiii) Case Crime No. 342 of 2020, under Section 414 IPC, Police Station Bhopa, District Muzaffar Nagar.
On putting query, learned counsel for the applicant could not dispute the aforesaid submission of learned A.G.A. and submits that since the maternal uncle of the applicant is deponent in the present case and he was not aware about the complete criminal history of the applicant, therefore, the same could not be 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 :- 20.1.2023
Shubham
