Allahabad High Court
Mangli vs State Of U.P. on 6 April, 2022
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49773 of 2021 Applicant :- Mangli Opposite Party :- State of U.P. Counsel for Applicant :- Suneel Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard Sri Suneel Kumar, learned counsel for the applicant, Sri Sanjay Kumar Singh, learned A.G.A. for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Mangli, seeking enlargement on bail during trial in connection with Case Crime No. 987 of 2017, under Sections 304, 325, 504, 506, 323 I.P.C., registered at P.S. Bisalpur, District Pilibhit.
On 25.11.2021, learned counsel for the applicant had prayed for four weeks' time to disclose and explain the criminal history of the applicant. Subsequently on 28.1.2022 again time was sought for the same. Lastly on 25.2.2022 again one month's time was sought for the same. Today, learned counsel for the applicant states that he is unable to file any affidavit and the matter be decided.
Learned State counsel informs the Court that the applicant has criminal history of 13 cases being (1) Case Crime No. 987 of 2017, under Sections 308, 323, 504, 506 I.P.C., P.S.- Bisalpur, District Pilibhit, (2) Case Crime No. 356 of 2017, under Sections 395, 397, 412 I.P.C., P.S.- Bisalpur, District Pilibhit, (3) Case Crime No. 759 of 2015, under Section 25 Arms Act, P.S.- Barkhera, District Pilibhit, (4) Case Crime No. 757 of 2015, under Sections 18/20 NDPS Act, P.S.- Barkhera, District Pilibhit, (5) Case Crime No. 1076 of 2014, under Sections 386, 341, 323, 504, 506 I.P.C., P.S.- Bisalpur, District Pilibhit, (6) Case Crime No. 572 of 2011, under Section 302 I.P.C., P.S.- Bisalpur, District Pilibhit, (7) Case Crime No. 1037 of 2010, under Section 18/20 NDPS Act, P.S.- Bisalpur, District Pilibhit, (8) Case Crime No. 1091 of 2008, under Section 8/20 NDPS Act, P.S.- Bisalpur, District Pilibhit, (9) Case Crime No. 131 of 2007, under Section 25 Arms Act, P.S.- Bisalpur, District Pilibhit, (10) Case Crime No. 757 of 2007, under Section 18/20 NDPS Act, P.S.- Bisalpur, District Pilibhit, (11) Case Crime No. 64 of 2006, under Sections 380, 457, 411 I.P.C., P.S.- Bisalpur, District Pilibhit, (12) Case Crime No. 43 of 2005, under Sections 457, 380, 411 I.P.C., P.S.- Bisalpur, District Pilibhit and (13)Case Crime No. 147 of 1993, under Sections 498A I.P.C. & 3/4 D.P. Act, P.S.- Bisalpur, District Pilibhit.
After having heard learned counsel for the parties and perusing the record, it is evident that there is a concealment of criminal history of the applicant in the affidavit filed in support of bail application. In spite of time being granted thrice, the same has not been disclosed and explained by learned counsel for the applicant, but to the contrary he states that he is unable to file the same.
Looking to the facts and circumstances of the case and the long criminal history of the applicant as pointed out by learned State counsel, which remains unexplained and also the fact that the applicant has previous criminal history of offence under Section 302 I.P.C., I do not find it a fit case to release the applicant on bail.
Accordingly, the bail application is rejected.
(Samit Gopal,J.) Order Date :- 6.4.2022 Naresh