Jaisingh vs State of U.P.

Neutral Citation No. - 2025:AHC:33018

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8139 of 2025

Applicant :- Jaisingh Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record.

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The instant bail application has been filed on behalf of the applicant-Jaisingh with a prayer to release him on bail in Case Crime No. 60 of 2024, under Sections 498-A, 304-B of I.P.C. read with Section 3/4 Dowry Prohibition Act, Police Station Rajepur, District Farrukhabad, during the pendency of trial.

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At the outset, learned Additional Government Advocate pointed out that in paragraph No. 30 of the affidavit filed in support of bail application, the applicant has disclosed his criminal history of four cases only whereas the applicant has criminal history of total following nine cases:-

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(i). Case Crime No. 144 of 2023, under Sections 323, 354 of I.P.C., Police Station Rajepur, District Farrukhabad.

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(ii). Case Crime No. 180 of 2003, under Sections 352, 452, 504, 506 of I.P.C., Police Station Rajepur, District Farrukhabad.

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(iii) Case Crime No. 181 of 2003, under Section 216-A of I.P.C., Police Station Rajepur, District Farrukhabad.

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(iv) Case Crime No. 202 of 2003, under Section 3(1) of Gangster Act, Police Station Rajepur, District Farrukhabad.

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(v) Case Crime No. 79 of 1987, under Sections 147, 452, 323 of I.P.C., Police Station Rajepur, District Farrukhabad.

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(vi). Case Crime No. 152 of 1988, under Section 384 of I.P.C., Police Station Rajepur, District Farrukhabad.

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(vii). Case Crime No. 247 of 1999, under Sections 452, 323, 504, 506 of I.P.C., Police Station Rajepur, District Farrukhabad.

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(viii). Case Crime No. 18 of 2001, under Sections 147, 148, 302 of I.P.C., Police Station Rajepur, District Farrukhabad.

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(ix). Case Crime No. 22 of 2001, under Section 25 Arms Act, Police Station Rajepur, District Farrukhabad.

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On putting query, learned counsel for the applicant could not dispute the aforesaid submission of learned A.G.A. and submits that since the son 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.

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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.

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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.

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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 .

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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.

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Accordingly, the instant bail application is rejected without going into the merit of the case.

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However, it is open for the applicant to move second bail application with correct facts.

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Office is directed to return the certified copy of the documents, if any, to the counsel for the applicant within three days after retaining photocopies of the same on record.

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Order Date :- 7.3.2025 Kashifa

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Digitally signed by :- KASHIFA High Court of Judicature at Allahabad

Jaisingh v. State of U.P.

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Jaisingh v. State of U.P.

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