High Court rejects bail application for suppressing prior criminal case; applicant may file fresh application with full disclosure.
Bail application rejected with liberty to file fresh bail application with correct facts. ¶13
The bail application is rejected because the applicant suppressed and concealed his prior criminal history, which is a relevant consideration for bail; the applicant has liberty to file a fresh bail application with correct facts. ¶11-13
Neutral Citation No. - 2025:AHC:30939
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4898 of 2025
Applicant :- Aman Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record.
2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 448 of 2024, under Sections 64(1), 351(3) of B.N.S., Police Station-Bhojipura, DistrictBareilly.
3-At the outset, learned Additional Government Advocate pointed out that in paragraph 16 of the affidavit filed in support of bail application, the applicant has disclosed that he has no previous criminal history of any criminal case except the present one, whereas, apart from this case, applicant has criminal history of one more case, which is as under:-
"Case Crime No. 332 of 2019, under Sections 363, 366 I.P.C. and Section 4 POCSO Act, Police Station Bhojipura, District Bareilly."
4-On putting query, learned counsel for the applicant could not dispute the aforesaid submission of learned A.G.A. and submits that since the 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.
5-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.
6-Accordingly, the instant bail application is rejected with liberty to file fresh bail application with correct facts.
7-It is made clear that the instant matter has not been heard on its merit.
8-Office is directed to return the certified copy of the documents, if any, to the counsel for the applicant within three days' after retaining the xerox copy of the same on record.
Order Date : - 4.3.2025 Saurabh
Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the bail application should be rejected due to suppression of criminal history by the applicant.¶11-12
3 provisions across 3 enactments
How this case reached the court
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
