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2023 Supreme(Del) 63

AMIT MAHAJAN
Safdar Ali – Appellant
Versus
State (Govt. of NCT Of Delhi) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pradeep Kumar & Mr. Sumeet Kumar, Advs.
For the Respondent: Ms. Priyanka Dalal, SI Anita Poonia, PS Ranhela, Ms. Gayatri Nandwani, Adv.

JUDGMENT :

1. The present application is filed under section 439 of CrPC seeking regular bail in FIR No. 320/2022 dated 13.03.2022 under section 376/506/201/354-C/384 of IPC at P.S Ranhola.

2. The applicant earlier had preferred a regular bail application before the learned Trial Court, which was dismissed by the order dated 23.07.2022, on the ground that the applicant had tried to mislead the court by stating that it was his second bail application, whereas it was third. The learned Trial Court while dismissing the bail application relied upon the judgment of this Court in Shiv Lingam V. State & Anr in Crl. M.C. 2885/2022, Crl. M.A. 12026/2022, wherein it was held that if the record of earlier bail applications is concealed by the applicant, then inevitably the judicial officer concerned may remain under impression that no bail application had been considered earlier by any court. In the aforesaid terms fraud vitiates all proceedings and the consideration of the bail application, would be no exception.

3. Before dismissal of the above bail application applicant had filed one bail application which was dismissed on 28.04.2022 on the ground that allegations are serious in nature and ch

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