Neutral Citation No. - 2025:AHC:134822 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27401 of 2025 Applicant :- Shankari Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Mishra,Shailendra Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant, learned A.G.A. representing the State and perused the record. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 39 of 2023, under Section 3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Sumerpur, District Hamirpur during the pendency of trial. 3-It is argued by learned counsel for the applicant that on the basis of one criminal case being Case Crime No. 81 of 2022, under Sections 302, 201, 34 I.P.C., Police Station Sumarpur, District Hamirpur, an F.I.R. under Section 3(1) U.P. Gangster and Anti-Social Activities (Prevention) Act was lodged on 21.01.2023 against the applicant. It is next submitted that in the base case, applicant has been granted bail by the co- ordinate Bench of this Court vide order dated 28.05.2025, copy whereof has been annexed as Annexure No. 3 to the affidavit filed in support of this bail application. It is further submitted that apart from aforesaid case, applicant has no criminal history to his credit, averment in this regard has also been made in paragraph No. 13 of the affidavit filed in support of the bail application. Lastly it is submitted that the applicant, who is languishing in jail since 17.03.2022 may be enlarged on bail. 4-On the other hand, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant by contending that the applicant has not approached to this Court with clean hand as the applicant, in paragraph no. 13 of the affidavit filed in support of this bail application, has mentioned that "the applicant is not a previous convict nor he was involved in criminal activities" whereas the applicant, apart from this case, has a criminal history of one criminal case being Case Crime No. 970 of 2011, under Section 60 Excise Act, Police Station Sumerpur, District Hamirpur, in which he has been convicted by the trial court vide judgment and order dated 08.04.2017, in which fine of Rs. 500/- has been imposed upon him. 500/- has been imposed upon him. 5-On putting query by the Court, learned counsel for the applicant could not dispute the aforesaid submission of learned A.G.A. and submits that since the nephew 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. 6-Having heard learned counsel for the parties, I find that the applicant has not come 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. 7-In view of judgment of Hon'ble the Apex Court in the case of Neeru Yadav vs. State of U.P., (2015) 3 SCC (Cri) 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. 8-The said judgment has been further followed by the Apex Court in the case of Sudha Singh vs. State of U.P. and another, 2021 (4) SCC 781. 9-The Hon'ble Supreme Court in Dalip Singh Vs. State of Uttar Pradesh and Others, (2010) 2 SCC 114 came down heavily on unscrupulous litigants by holding that it is now well established that a litigant who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final. 10-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 observe that more often the process of the court is being abused by unscrupulous litigants/accused to achieve their nefarious design. 11-Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of the parties, criminal history of the applicant and severity of punishment, I do not find any good ground to release the applicant on bail. 12-Accordingly, the instant bail application is rejected. 13-It is clarified that observations made herein above are limited to the extend of determination of this bail application and will in no way be construed as an expression on the merits of the case. Order Date :- 8.8.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad