Hiding Criminal Antecedents Disentitles Accused to Bail: J&K&L High Court Rejects Ex- Sarpanch’s Plea
Case Title: Kewal Krishan v. UT of Jammu and Kashmir and Another
Case No.: Bail App No. 147/2026
Coram: Justice Wasim Sadiq Nargal
Court Observation
“It has been consistently emphasized by this Court that an accused or applicant seeking bail is under a solemn obligation to make a fair, complete and candid disclosure of all material facts having a direct bearing on the exercise of judicial discretion. Any suppression, concealment or selective disclosure of such material facts amounts to an abuse of the process of law and strikes at the very root of the administration of criminal justice.”
“The nature and gravity of the accusation, the severity of the punishment prescribed, the existence of a prima facie case, and the likelihood of the accused influencing witnesses or otherwise obstructing the course of justice are among the relevant considerations which must guide the exercise of judicial discretion.”
“The applicant must demonstrate a material change in the circumstances which would justify taking a view different from the one taken by the learned Court below. It is well settled that though a successive bail application is maintainable, the Court considering such an application is required to bear in mind the reasons which weighed with the Court while rejecting the earlier application.”
“The latest status report placed on record indicates that the statement of injured Nikhil Bakshi is yet to be recorded and that the medical reports concerning his injuries are still awaited. Thus, the material circumstances which formed part of the basis for declining bail earlier cannot be said to have completely lost their relevance.”
“The alleged non-disclosure of FIR No. 35/2024 in the bail application also assumes significance. The applicant has, in paragraph No. 15 of the bail application, disclosed two earlier FIRs, while the status report placed before the Court refers to FIR No. 35/2024 as well.”
“The background preceding the present occurrence is also a circumstance which cannot be altogether ignored at this stage.”
“Five of the accused persons are stated to be absconding; the statement of injured Nikhil Bakshi is yet to be recorded; the medical reports concerning the injuries sustained by him are awaited; and the weapons allegedly used in the commission of the offence have not yet been recovered.”
Hiding Criminal Antecedents Disentitles Accused to Bail: J&K&L High Court Rejects Ex-Sarpanch’s Plea
