A bail application can be denied based on extensive criminal history and failure to disclose complete criminal antecedents, reinforcing the principle that accused must approach the court with clean hands.

JUDGMENT :

Sanjay Kumar Singh, J.

1. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.

2. By means of this application under Section 483 of BNSS , applicant Gulfam, who is involved in Case Crime No. 175 of 2024, under Section 3 (1) of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, police station Tanda, district Rampur seeks enlargement on bail during pendency of trial.

3. Brief facts of the case, which are required to be stated are that on the basis of a case registered as crime No. 494 of 2023 under Section 8 /20 N.D.P.S. Act at Police Station- Tanda, District-Rampur against the applicant as well as considering his other criminal history, proceedings under the provisions of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 were initiated against him. Accordingly, a First Information Report was lodged on 01.04.2024 against the applicant-Gulfam, Dilawar and Imran at Case Crime No. 175 of 2024, for the offence under Section 3 (1) of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 at police station Tanda, district Rampur.

4. It is argued by learned counsel for the applicant that according to the gang chart, the applicant is said to have involved in 08 criminal cases but the provisions of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 have been invoked against the applicant on the basis of only 01 case being Case Crime No. 494 of 2023, under Section 8 /20 NDPS Act, police station Tanda, district Rampur, in which he has already been enlarged on bail, copy of bail order has been brought on record as Annexure No. 3 to the bail application. It is next submitted that in 07 other criminal cases also, the applicant has been granted bail, copy of the bail orders have been annexed as Annexure Nos. 6 to 12 to the bail application. It is further argued that the applicant has falsely been implicated in the present case due to ulterior motive. He is neither gang leader nor member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is further submitted that co-accused Imran, who has a criminal history of 09 cases has been granted bail by the coordinate Bench of this Court vide order dated 28.08.2024 in Criminal Misc. Bail Application No. 27325 of 2024, therefore, the applicant, who is languishing in jail since 29.10.2023 is also entitled to be enlarged on bail. Lastly, it is submitted that in case the applicant is released on bail, he will not misuse the liberty of bail.

5. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant by contending that there is recovery of 1kg and 100 grams of charas in base case being case crime no. 494 of 2023, under Section 8 /20 N.D.P.S. Act, registered at Police Station-Tanda, District-Rampur on 29.10.2023 against the applicant. It is next submitted that applicant is running a gang and co- accused Dilawar and Imran are the members of the applicant's gang. It is also pointed out that in 03 criminal cases being Case Crime No. 135 of 2000, under Section 3 (1) of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, police station Azeemnagar, dist