Vishnu Pal Alias Jiledar v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26949 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.

¶1List has been revised. Two supplementary affidavits filed today by learned counsel for the applicant are taken on record.

¶2Heard Sri Vidyakant Rai, learned counsel for applicant, Sri R. P. Patel, learned State Law Officer and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 254 of 2020, under Sections 3/25/27 of Arms Act, P.S.- Chaubepur, District - Kanpur Nagar, during the pendency of trial.

¶4Learned counsel for the applicant has stated that the applicant has been false implicated in the present case. He has nothing to do with the said offence as alleged in the FIR.

¶5Learned counsel has further stated that the criminal history of 12 cases assigned to the applicant as indicated by the learned AGA on the last occasion, has been explained by means of two supplementary affidavits filed today in court. The applicant is in jail since 19.08.2020 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶6Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that the criminal history assigned to the applicant has not been properly explained as he has not annexed any documents or the copy of bail orders of the said cases. Out of 12 cases, he has not explained the criminal history of seven cases and the said cases are as follows:- Versus Counsel for Applicant(s) : Vidya Kant Rai Counsel for Opposite Party(s) : G.A. Vishnu Pal Alias Jiledar .....Applicant(s) State of U.P. .....Opposite Party(s) SL. No. Case Crime No. Under Sections Police Station District 459 of 2018 30 of Arms Act Kalyanpur Kanpur Nagar 600 of 2015 147, 308, 323, 324, 504, 506 of IPC Shivrajpur Kanpur Nagar 216 of 2020 3/7 of Essential Commodities Act Chaubepur Kanpur Nagar 130 of 2018 3(1) of U.P. Gangsters Act Chaubepur Kanpur Nagar 157 of 2005 147, 148, 149, 307 of IPC Billaur Kanpur Nagar 299 of 2020 3(1) of U.P. Gangsters Act Convicted by Trial Court & appeal pending 137 of 2017 147, 148, 149, 302, 120-B of IPC & 7 C.L.A. Act Chaubepur Kanpur Nagar

¶7The Supreme Court in the case of Munnesh Vs. State of Uttar Pradesh, SLP (Criminal) No. 1400 of 2025 has laid down that wrong averment regarding criminal antecedents of the accused could itself be a ground for rejection of bail.

¶8Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, the aforesaid judgement of Supreme Court and taking into consideration the fact that the criminal history of the applicant has not been properly explained, I do not find it a fit case to release the applicant on bail.

¶9The bail application is, accordingly, rejected.

¶10However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. BAIL No. 26949 of 2025

¶11It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 26, 2025 Sharad/- BAIL No. 26949 of 2025 (Krishan Pahal,J.) High Court of Judicature at Allahabad