Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31999 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Apul Misra, learned counsel for applicant, Sri Durgvijay Singh, learned Additional Advocate General assisted by Sri Sunil Kumar, 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.192 of 2012, under Sections 364, 506 I.P.C., Police Station Mawana, District Meerut with the prayer to enlarge him on bail. 4. Learned counsel for the applicant has claimed parity with co-accused person Rahat Ali, who has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 22.3.2024 passed in Criminal Misc. Bail Application No.6640 of 2024. The criminal history of five cases assigned to the applicant has been explained. The applicant is in jail since 20.8.2025 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 Additional Advocate General has vehemently opposed the bail application and has not disputed the factum of parity but has stated that criminal history of two cases assigned to the applicant, i.e. Case Crime No.102 of 2016, U/s 323, 504, 506 I.P.C., P.S. Mawana, District Meerut and Case Crime No.452 of 2018, U/s 452, 504, 506, 323 I.P.C., P.S. Mawana, District Meerut, has not been properly explained. Versus Counsel for Applicant(s) : Apul Misra, Devvrat Misra Counsel for Opposite Party(s) : G.A. Sher Khan .....Applicant(s) State of U.P. .....Opposite Party(s)
6. In rebuttal, learned counsel for the applicant has stated that the said offences are minor in nature and are bailable. As far as Case Crime No.102 of 2016 is concerned, a compromise has been entered into between the parties and in Case Crime No.452 of 2018, no notice has been issued to the applicant. As such, the criminal antecedent of the applicant stands explained. 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 that there is no proper explanation of the criminal history of two cases assigned to the applicant, i.e. Case Crime No.102 of 2016, U/s 323, 504, 506 I.P.C., P.S. Mawana, District Meerut and Case Crime No.452 of 2018, U/s 452, 504, 506, 323 I.P.C., P.S. Mawana, District Meerut, 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 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 BAIL No. 31999 of 2025 2
of India; (2017) 5 SCC 702, if there is no legal 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 18, 2025 Vikas Verma BAIL No. 31999 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad