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2025 DAILYLAW 100797 (ALL)

BARSATI v. STATE OF U.P.

BAIL/33155/2025 · 2025-09-24

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33155 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Mohd. Abrar Khan, learned counsel for applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No.142 of 2025, under Section 115(2), 352, 351(3), 109, 117(3), 3(5) B.N.S., Police Station Saini, District Kaushambi with the prayer to enlarge him on bail. 4. Learned counsel for the applicant has stated that the case of the applicant is at par with co-accused person Manju Devi who has been enlarged on bail by the Additional District & Sessions Judge, Court No.3, Kaushambi. The only difference is that the applicant is one of the male assailants nominated in the FIR. The FIR is delayed by about nine hours and there is no explanation of the said delay caused. 5. Learned counsel for the applicant has further stated that the injuries are not dangerous to life of the injured person. The criminal history of six cases assigned to the applicant stands explained. He has annexed the bail order of one case. The applicant is in jail since 11.08.2025 and is ready to cooperate with trial. In case, he is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Mohd. Abrar Khan Counsel for Opposite Party(s) : G.A. Barsati .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that one of the three injured person had lost vision to his eye as there was nil visual prognosis of the said eye as per the opinion of the ophthalmologist. There is criminal history of six cases assigned to the applicant and only one order has been appended by the counsel for the applicant, as such, the criminal history of five more cases stands unexplained. 7. The Supreme Court in Special Leave to Appeal (Crl.) No(s). 1400/2025 Munnesh Vs. State of Uttar Pradesh has directed that the petitioners seeking regular bail or anticipatory bail must mandatorily disclose their criminal antecedents. Non-disclosure of criminal history itself could be considered as a ground for dismissal of bail. The Court directed: "We, accordingly, direct that henceforth each individual who approaches this Court with a Special Leave Petition (Criminal) challenging orders passed by the high courts/ sessions courts declining prayers under Sections 438/439 of the Code of Criminal Procedure, 1973 or under Sections 482/483, Bharatiya Nagrik Suraksha Sanhita shall mandatorily disclose in the 'SYNOPSIS' that either he is a man of clean antecedents or if he has knowledge of his involvement in any criminal case, he shall clearly indicate the same together with the stage that the proceedings, arising out of such case, have reached. Should the disclosure be found to be incorrect subsequently, that itself could be considered as a ground for dismissal of the special leave petition." 8. After hearing learned counsel for the parties and taking into consideration the fact that the criminal history of five cases assigned to the applicant has not been explained by the counsel for the applicant, I do not find it a fit case for grant of bail to the applicant. The bail application is found devoid of merits and is, accordingly, rejected. 9. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 10. It is clarified that the observations made herein are limited to the facts BAIL No. 33155 of 2025 2 brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. (Krishan Pahal,J.) September 25, 2025 (Ravi Kant) BAIL No. 33155 of 2025 3 Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad