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2025 DAILYLAW 69508 (ALL)

SHER MOHAMMAD ALIAS SHERU ALIAS SHERKHAN v. STATE OF UTTAR PRADESH THROUGH ITS HOME SECRETARY, U.P. LUCKNOW AND OTHERS

BAIL/22483/2025 · 2025-08-19

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142320 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22483 of 2025 Applicant :- Sher Mohammad Alias Sheru Alias Sherkhan Opposite Party :- State Of Uttar Pradesh Through Its Home Secretary, U.P. Lucknow And Others Counsel for Applicant :- Adarsh Srivastava,Adesh Kumar,Kuldeep Kumar Sharma,Reena Pal Counsel for Opposite Party :- G.A.,Javed Khan Hon'ble Sanjay Kumar Singh,J. On the matter being taken up, Mr. Javed Khan, learned counsel for the complainant/opposite party No. 4 is not present. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant-Sher Mohammad Alias Sheru Alias Sherkhan with a prayer to release him on bail in Case Crime No. 61 of 2025, under Sections 137(2), 61(2) of B.N.S., Section 16/17 of POCSO Act and Section 10 of the Prohibition of Child Marriage Act, police station Gulwati, district Bulandshahr, during the pendency of trial. At the outset, learned Additional Government Advocate pointed out that in paragraph No. 23 of the affidavit filed in support of bail application it is mentioned that the applicant has no previous criminal antecedents whereas apart from this case the applicant has criminal history of one other case being Case Crime No. 2 of 2021, under Section 60 of Excise Act, Police Station B.B. Nagar, District Bulandshahr. On putting query, learned counsel for the applicant could not dispute the aforesaid submission of learned Additional Government Advocate and submits that since the brother 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. The courts of law are meant for imparting justice between the parties. One, who comes to the court, must come with clean hands and no material facts should be concealed. I am constrained to hold that more often the process of the court is being abused by unscrupulous litigants/accused to achieve their nefarious design. I have no hesitation in saying that a person, who has approached the Court concealing material facts is not entitled for any relief and such petition/application can be summarily thrown out at any stage of the litigation. Accordingly, the instant bail application is rejected. However, it is open for the applicant to move second bail application with correct facts. Since this case has not been heard on merit, therefore, in case second bail application is moved by the applicant, the same shall not be treated as tied up or part heard to this Bench. Order Date :- 20.8.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad