A party seeking bail must maintain integrity in court proceedings, and any manipulation or suppression of facts results in the rejection of the application.

JUDGMENT :

Ashutosh Srivastava, J.

1. Heard Shri Gyanendra Kumar, learned counsel, under the authority of Shri Sushil Kumar, learned counsel for the applicant and Shri S.K. Rai, learned A.G.A. Ist, for the State and perused the record.

2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Jitendra Kumar, seeking enlargement on bail in Case Crime No. 285 of 2024, under Sections-420 and 409 I.P.C. Police Station-Seepari Bazar, District-Jhansi.

3. Shri S.K. Rai, learned A.G.A.-Ist, at the very outset submits that there is a manipulation in paragraph no. 4 of an affidavit, annexed as Annexure no. 9 to the affidavit filed in support of bail application, moved before the Senior Superintendent of Police, Jhansi as in original copy of the said affidavit, only it is mentioned as

has an intention to obtain bail by playing fraud with the Court.

4. On comparison, of the paragraph no. 4 of the aforesaid affidavit, from certified copy, find place in the Case Diary, with paragraph no. 4 of the affidavit annexed as Annexure no. 9 to the affidavit filed in support of the bail application the aforesaid manipulation is found apparent.

5. Recently, Hon'ble the Apex Court in the case of Kusha Duruka vs. State of Odisha , 2024 INSC 46 while dealing with the prerequisites to be mandatorily mentioned in the application filed for grant of bail and effect of non mentioning of details of previous bail applications and order in all bail applications and approaching the Court suppressing material facts and taking recourse to fraud by manipulating the evidence etc. relying upon its earlier decision reported in Dalip Singh vs. State of Uttar Pradesh and others , 2010 (2) SCC 114 observed as under:-

"1. For many centuries Indian society cherished two basic values of life i.e. "satya" (truth) and "ahinsa" (non-violence). Mahavir, Gautam Buddha and Mahatma Gandhguided the people to ingrain these values in their daily life. Truth constituted an integral part of the justice- delivery system which was in vogue in the per-Independence era and the people used to feel proud to tell truth in the courts irrespective of the consequences. However, post-Independence period has seen drastic changes in our value system. The materialism has overshadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do not hesitate to take shelter of falsehood, misrepresentation and suppression of facts in the court proceedings.

2. In the last 40 years, a new creed of litigants has cropped up. Those who belong to this creed do not have any respect for truth. They shamelessly resort to falsehood and unethical means for achieving their goals. In order to meet the challenge posed by this new creed of litigants, the courts have, from time to time, evolved new rules and it is now well established that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final."

6. Again in Moti Lal Songara vs. Prem Prakash @ Pappu and another , 2013 (9) SCC 199 , the Apex Court considering the issue regarding concealment of facts before the Court observed that Court is not laboratory where children come to play and opined as under:-

"19. The second limb of the submission is whether in the obtaining factual matrix, the order passed by the High Court discharging the accused-respondent is justified in law. We have clearly stated that though the respondent was fully aware about the fact that charges had been framed against him by the learned trial Judge, yet he did not bring the