Neutral Citation No. - 2025:AHC:63405 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13539 of 2025 Applicant :- Anil Gurjar Opposite Party :- State of U.P. Counsel for Applicant :- Kartikeya Saran Counsel for Opposite Party :- G.A.,Shivam Yadav,Vinod Kumar Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. The instant second bail application under Section 483 of BNSS has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 846 of 2020, under Section 2/3 Uttar Pradesh Gangsters and Anti-social Activities (Prevention) Act, 1986, Police Station Noida Sector 49, District Gautam Buddha Nagar during the pendency of trial. The first bail application of the applicant was rejected by this Court vide order dated 10.02.2021 passed in Criminal Misc. Bail Application No. 1937 of 2021. At the outset, learned Additional Government Advocate pointed out that in paragraph 14 of the affidavit filed in support of bail application, the applicant has disclosed his criminal history of 04 cases only, including the present case, whereas the applicant has criminal history of total following 09 cases, including the present case:- "(i) Case Crime No. 607 of 2015, under Sections 420, 427, 447, 467, 468, 471 IPC, Police Station Sector 49, District Gautam Buddha Nagar, (ii) Case Crime No. 557 of 2016, under Sections 379, 411, 482 IPC, Police Station Beta-2, District Gautam Buddha Nagar, (iii) Case Crime No. 397 of 2018, under Sections 302, 34, 506, 120B IPC, Police Station Sector 49, District Gautam Buddha Nagar, (iv) Case Crime No. 775 of 2018, under Sections 447, 427, 420, 467, 468, 471 IPC, Police Station Sector 49, District Gautam Buddha Nagar, (v) Case Crime No. 226 of 2019, under Section 392 IPC, Police Station Sector Dankaur, District Gautam Buddha Nagar, (vi) Case Crime No. 519 of 2019, under Sections 60, 63 of Excise Act, Police Station Dankaur, District Gautam Buddha Nagar, (vii) Case Crime No. 422 of 2020, under Sections 188, 271 IPC, Police Station Sector 49, District Gautam Buddha Nagar, (viii) Case Crime No. 566 of 2020, under Sections 174A, 120B IPC, Police Station Sector 49, District Gautam Buddha Nagar, (ix) Case Crime No. 846 of 2020, under Section 2/3 Uttar Pradesh Gangsters and Anti-social Activities (Prevention) Act, 1986, Police Station Sector 49, District Gautam Buddha Nagar." On putting query, learned counsel for the applicant could not dispute the aforesaid submission of learned A.G.A. and submits that since son 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. 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. 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. In view of the above, the instant bail application is rejected on the ground of non-disclosure of complete criminal history of the applicant. However, it is open for the applicant to move fresh bail application with better particulars. Order Date :- 25.4.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad