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2025 DAILYLAW 82004 (ALL)

JITENDRA v. STATE OF U.P.

BAIL/26770/2025 · 2025-08-11

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136894 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26770 of 2025 Applicant :- Jitendra Opposite Party :- State of U.P. Counsel for Applicant :- Ved Prakash Pandey Counsel for Opposite Party :- G.A. 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 bail application has been filed on behalf of the applicant-Jitendra with a prayer to release him on bail in S.T. No. 152 of 2025 arising out of Case Crime No. 289 of 2024, under Sections 109(1), 115(2), 352, 351(3) of B.N.S., Police Station- Allahganj, District-Shahjahanpur. At the outset, learned Additional Government Advocate pointed out that in paragraph No. 17 of the affidavit filed in support of bail application it is mentioned that there is no criminal history of the applicant whereas apart from this case, the applicant has criminal history of one another case being Case Crime No. 305 of 2022, under Sections 323, 325, 427, 451, 504 I.P.C. and Section 3(1)dha, 3(1)da of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Allahganj, District Shahjahanpur. On putting query, learned counsel for the applicant could not dispute the aforesaid submission of learned Additional Government Advocate and submits that since uncle (तताऊ) 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 fresh bail application with correct facts. Order Date :- 12.8.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad