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2025 DAILYLAW 95668 (ALL)

SADIK v. STATE OF U.P.

BAIL/31886/2025 · 2025-09-23

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31886 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Rajesh Kumar, learned counsel for applicant as well as Sri V.K.S. Parmar, 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.121 of 2025, under Sections 8/20 NDPS Act, Police Station Crossing Republic, District Ghaziabad with the prayer to enlarge him on bail. 4. Learned counsel for the applicant has stated that only 2.270 Kg. Ganja is said to have been recovered from the possession of the applicant. The applicant has been implicated in this case by the police just to show good work. The recovered contraband is below the commercial quantity. It is further stated that the criminal history of the applicant has been explained in paragraph-18 of the affidavit filed with bail application. He has annexed the bail orders of 15 cases in which applicant is on bail except one case in which he is not wanted. The applicant is in jail since 19.4.2025 and he is ready to cooperate with trial. In case, the applicant 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 applicant has not filed any order regarding the following cases shown against him as criminal history:- Versus Counsel for Applicant(s) : Navin Kumar, Rajesh Kumar Counsel for Opposite Party(s) : G.A. Sadik .....Applicant(s) State of U.P. .....Opposite Party(s) (i) Case Crime No.144 of 2020, U/s 411, 414 I.P.C. and 41/102 Cr.P.C., P.S. Kotwali, District Ghaziabad. (ii) Case Crime No.63 of 2025, U/s 4/25 Arms Act, P.S. Kotwali, District Ghaziabad. (iii) Case Crime No.147 of 2020, U/s 3/25 Arms Act, P.S. Kotwali, District Ghaziabad. (iv) Case Crime No.66 of 2020, U/s 379, 411 I.P.C., P.S. Kavi Nagar, District Ghaziabad. (v) Case Crime No.2669 of 2019, U/s 379, 411 I.P.C., P.S. Indrapuram, District Ghaziabad. (vi) Case Crime No.2257 of 2019, U/s 379, 411 I.P.C., P.S. Kavi Nagar, District Ghaziabad. 6. 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.” 7. After hearing learned counsel for the parties and taking into consideration the fact that the criminal history 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. BAIL No. 31886 of 2025 2 8. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously 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 impediment. 9. 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 24, 2025 Vikas Verma BAIL No. 31886 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad