Neutral Citation No. - 2025:AHC:578 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43974 of 2024 Applicant :- Sachin Kumar Singh @ Sachin Suryavanshi @ Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant, learned A.G.A. representing the State and perused the record. 2-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. 347 of 2024, under Sections 376, 323, 504, 506 I.P.C. and Section 67A I.T. Act, Police Station-Kotwali, District- Budaun, during the pendency of trial. 3-At the outset, learned A.G.A. pointed out that the applicant has not disclosed his criminal history whereas apart from this case, applicant has criminal history of following three cases :- "(i) Case Crime No. 350 of 2024, under Sections 115(2), 119(1), 127(2), 303, 308, 61(1) B.N.S., Police Station Kotwali, District Budaun. (ii) Case Crime No. 366 of 2020, under Sections 354 घ , 506, 509 I.P.C., Police Station Kotwali, District Budaun. (iii) Case Crime No. 185 of 2023, under Sections 498- A, 323, 504, 506 I.P.C. and Sections 3/4 D.P. Act, Police Station Kotwali, District Budaun." 4-In paragraph 18 of the affidavit filed in support of bail application, the applicant has stated that he has not been convicted in any criminal case till date. 5-On putting query, learned counsel for the applicant could not dispute the aforesaid submission of learned A.G.A. and submits that since the brother 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. 6-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. 7-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. 8-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. 9-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. 10-Accordingly, the bail application is rejected. 11-However, it is open for the applicant to move second bail application with correct facts. 12-The certified copy of the F.I.R. shall be returned to the counsel for the applicant within three days' after retaining xerox copy of the same on record. Order Date :- 2.1.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad