Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21264 of 2019 Applicant :- Aslam Opposite Party :- State of U.P.
Counsel for Applicant :- Deshraj Garg,B.N.Singh Counsel for Opposite Party :- G.A.,Vivek Kumar Singh
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Desh Raj Garg, Advocate for applicant and learned A.G.A. as well as Sri Vivek Kumar Singh, Advocate for respondents.
2. Counter affidavit has been filed today on behalf of Complainant, which is taken on record. Learned counsel for applicant stated that he does not propose to file any rejoinder affidavit and Court may consider the averments made in bail application.
3. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No. 496 of 2018, under Sections 420, 467, 468, 471 IPC, Police Station Kotwali Jalaun, District Jalaun.
4. Application has stated in para 17 of bail application there is there is no criminal history and not even a single FIR has been lodged against him. Para 17 reads as under:
"17. That the applicant bears no criminal history, even till today not a single F.I.R. has been lodged against the applicant."
5. In para 31 of the counter affidavit complainant has shown a list of about 9 cases which are pending against applicant. Para 31 of counter affidavit reads as under:
"31. That the contents of the paragraph No. 17 of the affidavit are not correct hence denied in this regard it is submitted that against the applicant several cases are registered as 1. Case Crime No. 320/2017, U/s 147,387, 506 I.P.C. at P.S. Jalaun, District-Jalaun, 2. Case Crime No. 496 of 2018, U/s 420, 467, 468, 471 I.P.C. at P.S. Jalaun, District- Jalaun, 3. Case No. Nil of 2019 U/s 3 of U.P. Gunda Act at P.S. Jalaun, District-Jalaun, 4. NCR No. 202/2016. U/s 504, 506, I.P.C. at P.S. P.S. Jalaun, District Jalaun, 5. Complaint Case No. 40/2017 U/s 323, 388, 389 I.P.C. at Kuthaund, District Jalaun, 6. Criminal Misc. Case No. 16/2017 U/s 340 Cr.P.C. at kalpi, District Jalaun and 7. Criminal Misc. Case No. 137 of 2019, U/s 156(3) of Cr.P.C. at P.S. Jalaun, District Jalaun, 8. Complaint Case No. 1122/12, U/s 420, 467, 468 I.P.C. at P.S. Jalaun, District- Jalaun 9. Complaint Case No. 619 of 2011, U/s 156(3) of Cr.P.C. at P.S. Jalaun, District-Jalaun which is treated as complaint case and still pending for consideration, except this case another case is present case, the original document has already been annexed with this counter affidavit as Annexure No. C.A. 9 to this affidavit."
6. The averments contained in para 31 of counter affidavit remained uncontroverted, therefore, it is evident that in bail application false statement has been made that applicant has no criminal history.
7. Learned counsel for applicant has submitted that he has filed a supplementary affidavit in which he has disclosed in para 20 that there are two more cases registered against applicant besides the present one but as per averments contained in para 31 of counter affidavit there are nine cases against applicant. Looking to the above conduct of applicant and concealment of material fact, I do not find it a fit case for grant of bail.
8. Application is accordingly dismissed.
Order Date :- 18.12.2019 AK