Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 90233 (ALL)

ANUJ KUMAR URF ANNU v. STATE OF U.P.

BAIL/29925/2025 · 2025-09-15

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29925 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Abhay Pratap Singh, learned counsel for applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No.150 of 2025, under Section 191(2), 191(3), 190, 352, 351(3), 109(1) B.N.S., 2023, Police Station Gabhana, District Aligarh with the prayer to enlarge him on bail. 4. Learned counsel for the applicant has claimed parity with co-accused person Harendra Kumar Singh @ Hemu who has been enlarged on bail by Co-ordinate Bench of this Court vide order dated 04.09.2025 passed in Criminal Misc. Bail Application No.30427 of 2025. The criminal history assigned to the applicant stands explained. The applicant is in jail since 08.07.2025. The applicant is ready to cooperate with trial. In case, he is released on bail, he will not misuse the liberty of bail. 5. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the criminal history of two cases assigned to the applicant has not been properly explained as no orders have been appended. The said criminal antecedents are:- "1. Case Crime No.387 of 2024, under Sections 109(1), 115(2), Versus Counsel for Applicant(s) : Abhay Pratap Singh Counsel for Opposite Party(s) : G.A. Anuj Kumar Urf Annu .....Applicant(s) State of U.P. .....Opposite Party(s) 351(2) B.N.S. and Sections 3/25/27 Arms Act, Police Station Gabhana, District Aligarh. 2. Case Crime No.153 of 2021, under Sections 147, 148, 149, 323, 324, 336, 427, 452 and 504 I.P.C., Police Station Gabhana, District Aligarh" 6. In rebuttal, the learned counsel for the applicant stated that, to the best of his knowledge, the applicant has been exonerated in Case Crime No. 387 of 2024, and denied any knowledge of Case Crime No. 153 of 2021. 7. The Supreme Court in Special Leave to Appeal (Crl.) No(s). 1400/2025 Munnesh Vs. State of Uttar Pradesh has directed that the petitioners seeking regular bail or anticipatory bail must mandatorily disclose their criminal antecedents. Non-disclosure of criminal history itself could be considered as a ground for dismissal of bail. The Court directed: "We, accordingly, direct that henceforth each individual who approaches this Court with a Special Leave Petition (Criminal) challenging orders passed by the high courts/ sessions courts declining prayers under Sections 438/439 of the Code of Criminal Procedure, 1973 or under Sections 482/483, Bharatiya Nagrik Suraksha Sanhita shall mandatorily disclose in the 'SYNOPSIS' that either he is a man of clean antecedents or if he has knowledge of his involvement in any criminal case, he shall clearly indicate the same together with the stage that the proceedings, arising out of such case, have reached. Should the disclosure be found to be incorrect subsequently, that itself could be considered as a ground for dismissal of the special leave petition." 8. After hearing learned counsel for the parties and taking into consideration the fact that the criminal history of two cases assigned to the applicant has not been properly explained, I do not find it a fit case for grant of bail to the applicant. The bail application is found devoid of merits and is, accordingly, rejected. 9. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal BAIL No. 29925 of 2025 2 impediment. 10. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 16, 2025 (Ravi Kant) BAIL No. 29925 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad