Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:138745 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27894 of 2025 Applicant :- Ahmad Nasir Opposite Party :- State of U.P. Counsel for Applicant :- Jagadish Prasad Yadav 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 material placed on record. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 69 of 2025, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, police station Unj, district Bhadohi, during the pendency of trial. At the outset, learned Additional Government Advocate pointed out that in paragraph No. 16 of the affidavit filed in support of bail application, the applicant has disclosed that except one case mentioned in the gang chart, the applicant has no criminal history, whereas in bail rejection order dated 09.07.2025 passed by the concerned court below, it is mentioned that apart from one case shown against the applicant in gang chart, he has criminal history of one other case being Case Crime No. 56 of 2023, under Sections 279, 337, 338, 304A I.P.C., Police Station Shivkuti, District Prayagraj. 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. Order Date :- 14.8.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad Digitally signed by :- KASHIFA High Court of Judicature at Allahabad