Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:33308 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5752 of 2025 Applicant :- Jakir Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
1. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record.
2. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant-Jakir with a prayer to release him on bail in Case Crime No. 237 of 2024, under Sections 80, 85, 115(2), 351(2), 351(3) of B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station Ganj, District Rampur, during the pendency of trial.
3. At the outset, learned Additional Government Advocate pointed out that apart from this case, applicant has criminal history of one case being Case Crime No. 53 of 2023, under Sections 366/376 of I.P.C. and Section 3/5(1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, Police Station Bilaspur, District Rampur, whereas in paragraph No. 26 of the bail application it is mentioned that there is no criminal case against the applicant except this case nor he is a previous convict.
4. On putting query, learned counsel for the applicant could not dispute the aforesaid submission of learned Additional Government Advocate and submits that deponent of this case is grandfather of the applicant and he was not aware about criminal history of the applicant, therefore, the same has not been mentioned.
5. Having heard learned counsel for the parties, I find that the applicant has not come up with clean hands 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.
6. Accordingly, the instant bail application is rejected without going into the merit of the case.
7. However, it is open for the applicant to move second bail application with correct facts.
8. Office is directed to return the certified copy of the documents, if any, to the counsel for the applicant within three days after retaining photocopies of the same on record.
Order Date :- 7.3.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad