Bhupendra @ Chandi Lal v. State of U.P.
Case brief
What is this about?
The High Court rejected a bail application filed under Section 439 CrPC because the applicant suppressed his criminal history in the supporting affidavit, thereby approaching the court without clean hands.
What did the court decide?
Bail application rejected; applicant directed to file fresh bail application with correct facts regarding criminal history.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48720 of 2022 Applicant :- Bhupendra @ Chandi Lal Opposite Party :- State of U.P. Counsel for Applicant :- Bhupendra Singh,Kamlesh Ratan Yadav,Shravana Kumar Yadav
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. 406 of 2019, under Sections 498A, 302, 201 I.P.C., Police Station Friends Colony, District Etawah, during the pendency of trial.
At the outset, learned Additional Government Advocate pointed out that in paragraph 18 of the afÏdavit filed in support of bail application, it is mentioned that the applicant has no criminal history nor he is previous convict except the present criminal case, whereas apart from this case, applicant has criminal history of following four cases:-
(1) Case Crime No. 212 of 2015, under Sections 272 I.P.C. and Sections 60, 63 Excise Act, Police Station Chaubiya, District Etawah,
(2) Case Crime No. 544 of 2018, under Sections 272, 411, 413, 414, 420, 467, 468 IPC and Section 60 Excise Act, Police Station Friends Colony, District Etawah,
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the applicant who concealed his criminal antecedents from the affidavit.
Whether the court has discretion to refuse bail and direct the applicant to move a fresh application with true facts.
Whether the suppression of criminal history amounts to a clean hands violation warranting rejection of the bail prayer.
Parties & counsel
- applicant
Bhupendra @ Chandi Lal
Coram
Sanjay Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/48720/2022
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