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Neutral Citation No. - 2025:AHC:33472 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37919 of 2024 Applicant :- Ompal Opposite Party :- State of U.P. Counsel for Applicant :- Ved Prakash Mishra Counsel for Opposite Party :- Amit Kumar Pandey,G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 218 of 2024, under Sections 498A, 304B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Bilari, District Moradabad, during the pendency of trial. At the outset, learned Additional Government Advocate pointed out that in paragraph 24 of the affidavit filed in support of bail application, it is mentioned that no criminal case is registered or pending against the applicant in any Court except the present case, whereas apart from this case, the applicant has criminal history of one another case being Case Crime No. 537 of 2019, under Sections 147, 148, 323, 504, 506 IPC and Sections 3(1)(ध), 3(1)(द) SC/ST Act, Police Station Bilari, District Moradabad. On putting query, learned counsel for the applicant could not dispute the aforesaid submission of learned A.G.A. and submits that deponent of this case is cousin of the applicant and he was not aware about criminal history of the applicant, therefore, the same has not been mentioned. 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. Accordingly, the instant bail application is rejected without going into merit of the case. However, it is open for the applicant to move second bail application with correct facts. 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. It is made clear that this case has not been heard on its merits, therefore, in case, fresh bail application is filed, the same shall not be treated as tied up or part heard to this Bench.
Order Date :- 7.3.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad