YOGESH GAHLOT Vs. STATE OF M. P.

JUDGEMENT

(1.) This fourth application under Sec. 439 of Cr.P.C. has been filed for grant of bail. The third application was dismissed as withdrawn by order dtd. 9/2/2022 passed in M.Cr.C. No.6120/2022.

(2.) The applicant has been arrested on 24/11/2021 in connection with Crime No.597/2021 registered at Police Station Thatipur, District Gwalior for offence under Ss. 366, 343, 376(2)(N), 323, 506, 34, 376-D of IPC.

(3.) It is an unfortunate case where the counsel for the applicant has played fraud on the Court by suppressing material facts from stage to stage. When the counsel for the applicant was asked as to why on the first occasion he did not bring the fact of dismissal of petition filed by the applicant in the nature of habeas corpus, then it was submitted by Shri Sharma that since he was not relying on the said order, therefore, he did not think it proper to bring it to the notice of the Court. It was also submitted by Shri Sharma that in case if all the documents are filed, then again they create difficulty and in case if the documents are not filed, then again they create difficulty, therefore, he did not file the documents. He further stated that he should be heard on merits.