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2025 DAILYLAW 103424 (ALL)

JOGRAJ v. STATE OF U.P. AND ANOTHER

NABAIL/8115/2025 · 2025-10-06

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. - 8115 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 30.08.2025 passed by learned Sessions Judge, Farrukhabad seeking anticipatory bail in Case Crime No. 416 of 2017, under Sections 304 and 201 I.P.C., Police Station Shamshabad, District Farrukhabad. 3-On the matter being taken up, learned Additional Government Advocate for the State, upon instructions, pointed out that apart from the instant case, the applicant has criminal history of twelve other criminal cases, whereas in paragraph no. 23 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. 296 of 2002, under Section 13 of Public Gambling Act, Police Station Shamshabad, District Fatehgarh. (ii) Case Crime No. 104 of 2003, under Section 18/20 NDPS Act, Police Station Shamshabad, District Fatehgarh. (iii) Case Crime No. 193 of 2004, under Section 21/22 NDPS Act, Police Station Shamshabad, District Fatehgarh. (iv) Case Crime No. 40 of 2005, under Section 13 of Public Gambling Versus Counsel for Applicant(s) : Rakesh Kumar Rathore, Sanjeev Kumar Counsel for Opposite Party(s) : Jograj .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Act, Police Station Shamshabad, District Fatehgarh. (v) Case Crime No. 505 of 2005, under Section 13 of Public Gambling Act, Police Station Shamshabad, District Fatehgarh. (vi) Case Crime No. 691 of 2005, under Section 13 of Public Gambling Act, Police Station Shamshabad, District Fatehgarh. (vii) Case Crime No. 794 of 2005, under Section 25 Arms Act, Police Station Shamshabad, District Fatehgarh. (viii) Case Crime No. 326 of 2006, under Section 13 of Public Gambling Act, Police Station Shamshabad, District Fatehgarh. (ix) Case Crime No. 84 of 2009, under Section 3/4 U.P. Goondas Act, Police Station Shamshabad, District Fatehgarh. (x) Case Crime No. 637 of 2009, under Section 21/22 N.D.P.S. Act, Police Station Shamshabad, District, Fatehgarh. (xi) Case Crime No. 236 of 2010, under Section 21/22 N.D.P.S. Act, Police Station Shamshabad, District Fatehgarh. (xii) Case Crime No. 150 of 2024, under Sections 109, 115(2), 121(1), 132, 190, 191(2), 191(3), 351(3), 351, Police Station Shamshabad, District Fatehgarh. 4-In response, learned counsel for the applicant submits that contents of paragraph no. 23 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 NABAIL No. 8115 of 2025 2 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 7, 2025 Saurabh NABAIL No. 8115 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad