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KRISHAN PAHAL
Vinod Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Krishan Pahal, J.
1. List has been revised.
2. Rejoinder affidavit filed by learned counsel for the applicant is taken on record.
3. Heard Ms. Gunjan Jadwani, learned counsel for the applicant and Sri Shubham Kesarwani, learned counsel for the opposite party no.2 as well as Sri Ashutosh Srivasava, learned A.G.A. for the State and perused the record.
4. By means of the present bail cancellation application, applicant is assailing the order dated 09.06.2023 passed by learned Sessions Judge, Rampur in Second Anticipatory Bail Application No. 906 of 2023 under Sections 420, 467, 468, 471, 386, 397, 115, 323, 504, 506 IPC, Police Station Kotwali, District Rampur in Complaint Case No. 5206 of 2022 during the pendency of trial.
5. Learned counsel for the applicant has stated that the accused/opposite party no.2 has not approached the said Sessions Court with clean hands, as such concealed the factum of criminal antecedents of two previous cases. The said fact can be verified from the order of the Sessions Judge dated 09.06.2023 passed in Crl. Misc. Anticipatory Bail Application No. 906 of 2023. It is true that he has been granted bail by this Court but the suppression of the said fac
The court emphasized the necessity of disclosing criminal antecedents in bail applications, particularly for legal professionals, and upheld the clean hands doctrine in the context of anticipatory ba....
The significance of statements recorded under Section 164 and Section 161 of the Criminal Procedure Code in considering applications for anticipatory bail cancellation.
The accused's non-cooperation with the investigating agency and flouting of bail conditions can lead to the cancellation of bail.
The main legal point established in the judgment is the need for proper consideration of material on record while granting anticipatory bail and the importance of overwhelming circumstances for cance....
Concealment of criminal history while obtaining a bail order is not sustainable under Section 44 of the Indian Evidence Act.
The main legal point established in the judgment is the requirement for candid disclosure of relevant and material facts when seeking anticipatory bail, as well as the need for substantial evidence t....
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