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2025 DAILYLAW 23580 (ALL)

SUNNY YADAV v. STATE OF U.P.

BAIL/7106/2025 · 2025-03-06

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33412 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7106 of 2025 Applicant :- Sunny Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Kiran Yadav,Sanjay Kumar Yadav Counsel for Opposite Party :- Amit Kumar Tripathi,Faizan Siddiqui,G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard Mr. Anurag Yadav, learned Advocate, holding brief of Mr. Sanjay Kumar Yadav, learned counsel for the applicant, learned Additional Government Advocate representing the State, learned counsel for the complainant and perused the record. 2. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant-Sunny Yadav with a prayer to release him on bail in Case Crime No. 402 of 2024, under Sections 80, 85 of B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station Jeanpur, District Azamgarh, 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. 131 of 2016, under Sections 147, 323, 504, 506 of I.P.C. and Section 3(ii)द S.C./S.T. Act, Police Station Jeanpur, District Azamgarh, whereas in paragraph No. 38 of the bail application it is mentioned that the applicant has no criminal history before the present case. 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 maternal cousin 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