The High Court rejected a bail application seeking anticipatory bail, noting the applicant failed to explain the non-disclosure of a prior criminal case (Crime No. 342 of 2017 for IPC 307) which he was arraigned in.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51446 of 2019
Applicant :- Akash @ Samrat Opposite Party :- State of U.P. Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Vikash Sahai, the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 389 of 2017, under Sections 396, 412, 302, 201 I.P.C., Police Station Fatehganj West, District- Bareilly with the prayer to enlarge him on bail.
On 22 November 2019, the learned A.G.A. had drawn the attention of the Court to an evident non-disclosure since although the applicant had clearly averred that he had no criminal history except for the present matter, it had come to light that he was also arraigned in Case Crime No. 342 of 2017 for offences under Section 307 I.P.C. From the Supplementary Affidavit that has been filed today, it is averred that due to lack of knowledge of the deponent, the details of that case could not be disclosed. The Court however notes that the Affidavit filed in support of the Bail Application was that of the father of the applicant.
In that view of the matter, it is evident that the non-disclosure has not clearly been explained and the explanation proffered is completely bereft of merit.
The Bail Application is consequently rejected .
Order Date :- 3.12.2019 Arun K. Singh
(Yashwant Varma, J.)
1 issue framed by the court
Whether bail should be granted when the applicant concealed a prior criminal case before the court.
Akash @ Samrat
Yashwant Varma
As recorded by the court registry
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