Allahabad High Court
Imran vs State Of U.P. on 1 July, 2025
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:101263 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20857 of 2025 Applicant :- Imran Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
1-Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State.
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. 704 of 2020, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station Kotwali, District Ghaziabad during the pendency of trial.
3-It is submitted by learned counsel for the applicant that as per the gang chart / F.I.R., applicant has criminal history of three cases being (i) Case Crime No. 637 of 2020, U/s 398, 401 I.P.C., P.S. Kotwali Nagar, District Ghaziabad, (ii) Case Crime No. 397 of 2020, U/s 392 I.P.C., P.S. Kavi Nagar, District Ghaziabad and (iii) Case Crime No. 1234 of 2020, U/s 392 I.P.C., P.S. Kavi Nagar, District Ghaziabad and in all the aforesaid three cases, applicant is on bail. He further submits that except the aforesaid three cases, applicant has no criminal history to his credit. The averment in this regard has been made in paragraph no. 12 of the affidavit filed in support of the bail application, therefore, applicant who is languishing in jail since 21.04.2025 is entitled to be released on bail.
4-On the other hand, learned A.G.A., upon instructions, vehemently opposed the prayer for bail of the applicant by contending that apart from three cases mentioned in the gang-chart, applicant has a criminal history of seven cases, which are as follows:-
(i) Case Crime No. 314 of 2019, under Section 3/25 Arms Act, P.S. Kotwali, District Ghaziabad.
(ii) Case Crime No. 645 of 2020, under Section 8/22 NDPS Act, P.S. Kotwali, District Ghaziabad.
(iii) Case Crime No. 309 of 2019, under Section 307, 386, 504 I.P.C., P.S. Kotwali, District Ghaziabad.
(iv) Case Crime No. 644 of 2020, under Section 4/25 Arms Act, P.S. Kotwali, District Ghaziabad.
(v) Case Crime No. 1371 of 2018, under Section 4/25 Arms Act, P.S. Sihani Gate, District Ghaziabad.
(vi) Case Crime No. 1102 of 2020, under Section 392 and 411 I.P.C., P.S. Sihani Gate, District Ghaziabad.
(vii) Case Crime No. 1370 of 2018, under Section 8/20 NDPS Act, P.S. Sihani Gate, District Ghaziabad.
5-On putting query, learned counsel for the applicant could not dispute the aforesaid submission of learned A.G.A. and submits that the deponent, who is cousin of the applicant 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 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.
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 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 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.
10-In view of the above, the instant bail application is rejected.
Order Date :- 1.7.2025
Saurabh