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2025 DAILYLAW 22706 (ALL)

RAMAN v. STATE OF U.P.

BAIL/6604/2025 · 2025-03-04

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31811 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6604 of 2025 Applicant :- Raman Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhushan Prasad 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 has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 349 of 2024, under Sections 103(1), 3(5) of B.N.S. (Old Section 302/34 I.P.C.), Police Station-Thana Bhawan, District-Shamli, during the pendency of trial. 3. At the outset, learned Additional Government Advocate pointed out that in paragraph 4 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, applicant has criminal history of one case:- "(i) Case Crime No.96 of 2020, under Sections 323, 325, 452, 506 IPC, Police Station Thana Bhawan, District Shamli." 4. 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 uncle (Mausa) 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 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. 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 the Xerox copy of the same on record. Order Date :- 5.3.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad