DURGESH RAJBAHADUR SINGH ALIAS DURGESH R. SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 2 OTHERS
ABAIL/658/2025 · 2025-08-21
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145718 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145718 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49202 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 658 of 2025 Applicant :- Durgesh Rajbahadur Singh Alias Durgesh R. Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 2 Others Counsel for Applicant :- Shailender Singh,Neelam Singh,Varun Kumar Mishra Counsel for Opposite Party :- G.A.,Bhavya Upadhyay,Radha Gautam,Yashovardhan Swarup Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Shailendra Singh, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, the learned Additional Government Advocate-I appearing on behalf of the State and Sri Yashovardhan Swarup, the learned counsel for the opposite party no.3/complainant.
2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.55 of 2023, under Sections 409, 506 I.P.C., registered at Police StationVikas Nagar, District Lucknow.
3. The applicant himself has filed an affidavit in support of the anticipatory bail application and in para 45 of the affidavit it was stated that the applicant has no criminal history. The applicant was granted interim anticipatory bail by means of an
order dated 23.06.2025, passed by a coordinate Bench of this Court.
4. The opposite party no.3 has filed a counter affidavit stating
that the applicant has criminal history and he has obtained the interim anticipatory bail by concealing his criminal history from this court. After this objection being raised the applicant has filed a supplementary affidavit disclosing his involvement in three other criminal cases, in one of which the applicant was arrested and he was released on bail, but in two other cases he has not received any summons.
5. When the accused himself is the applicant in the anticipatory bail application and he had been taken into custody and released of bail in an earlier criminal case the statement made in the affidavit filed by the accused himself that he has no criminal history indicates concealment of relevant fact by the applicant by filing anticipatory bail application.
6. In these circumstances, this court is of the considered opinion that the aforesaid concealment of fact made by the applicant disentitles him for being granted pre-arrest bail by this court.
7. Accordingly, the anticipatory bail application is dismissed.
8. In case the applicant appears before the trial court within a period of one week from today and seeks his release on regular bail, his bail application shall be considered and decided expeditiously in accordance with law without being influence by this order. .
(Subhash Vidyarthi, J.)
Order Date :- 21.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench