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2025 DAILYLAW 100046 (ALL)

DAUJI v. STATE OF U.P.

NABAIL/7858/2025 · 2025-10-07

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7858 of 2025 Court No. - 71 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record. 2-This Criminal Misc. Anticipatory Bail Application has been preferred by the applicant after rejection of his anticipatory bail application by order dated 10.09.2025 passed by Additional Session Judge, Court No. 1, Firozabad seeking anticipatory bail in Case Crime No. 532 of 2025, under Sections 303(2), 318(4), 338, 336(3), 340(2), 111(2)(b) BNS, Police Station Shikohabad, District Firozabad. 3-On the matter being taken up, learned Additional Government Advocate for the State, upon instructions, pointed out that apart from the present case, the applicant has criminal history of 05 other criminal cases, whereas in paragraph no. 20 of the affidavit filed in support of the anticipatory bail application, it is mentioned that the applicant has no criminal history. Details of the said criminal history of the applicant are as under:- (i) Case Crime No. 552 of 2025, under Sections 111(2)(b), 303(2), 318(4), 336(3), 338, 340(2) BNS, Police Station Shikohabad, District Firozabad, (ii) Case Crime No. 553 of 2025, under Sections 111(2)(b), 303(2), 318(4), 336(3), 338, 340(2) BNS, Police Station Shikohabad, District Firozabad, Versus Counsel for Applicant(s) : Mahabir Yadav Counsel for Opposite Party(s) : G.A. Dauji .....Applicant(s) State of U.P. .....Opposite Party(s) (iii) Case Crime No. 554 of 2025, under Sections 111(2)(b), 303(2), 318(4), 336(3), 338, 340(2) BNS, Police Station Shikohabad, District Firozabad, (iv) Case Crime No. 450 of 2019, under Sections 406, 504, 506 IPC, Police Station Chhata, District Mathura. 4-In response, learned counsel for the applicant submits that contents of paragraph no. 20 of this affidavit are based on the information given by the applicant himself. 5-Having heard learned counsel for the parties, I find that learned counsel for the applicant is not in a position to controvert the aforesaid submissions of learned A.G.A. The Supreme Court in the case of Dalip Singh Vs. State of U.P. and others, (2010) 2 SCC 114 came down heavily on unscrupulous litigants by holding that it is now well established that a litigant who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final. 6-In view of the above, this Court finds that the applicant has not come before this Court with clean hands as he has suppressed his actual criminal history, which is one of the essential factors for consideration of anticipatory bail, therefore, I am not inclined to exercise my discretionary power to grant benefit of anticipatory bail in favour of the applicant. 7-Accordingly, the instant application U/s 482 B.N.S.S. is rejected. October 8, 2025 Shubham NABAIL No. 7858 of 2025 2 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad