Allowed

Jafar @ Raman Kaliya v. State of U.P.

Allahabad HC8 Aug 2023BAIL/30033/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed under Section 439 Cr.P.C. The applicant, not named in the FIR and with no incriminating material recovered, was granted release on bail subject to strict conditions including attendance, prohibition against address change, and availability of sureties.

What did the court decide?

Released on personal bond and two sureties subject to conditions regarding court attendance, no address change, and no disposal of property.

Jafar @ Raman Kaliya Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:159173

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30033 of 2023

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Applicant :- Jafar @ Raman Kaliya Opposite Party :- State of U.P. Counsel for Applicant :- Purushottam Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.55 of 2023 under Sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act, Police Station Bithari Chainpur District Bareilly.

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Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. The applicant is not named in the FIR. The name of the applicant surfaced in the instant case on the basis of the statement of co-accused Arif. It is further submitted that nothing incriminating has been recovered from the possession of the applicant. Apart from the instant case the applicant has criminal history of 25 cases which have been explained in paragraph-11 of the affidavit filed in support of the bail application as well as paragraph-2 of the supplementary

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affidavit. The applicant is languishing in jail since 28.02.2023,

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in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

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On the other hand, learned AGA has opposed the prayer for bail and submitted that the applicant has criminal history of 25 cases, however, he could not controvert the aforesaid factual matrix.

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Considering the facts and circumstances of the case and taking into account that the applicant is not named in the FIR, nothing incriminating has been recovered from the possession of the applicant the applicant has explained his criminal history and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

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The bail application is allowed.

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Let applicant-Jafar @ Raman Kaliya be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on

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each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

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(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to

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the trial court concerned.

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(vii) In case the applicant repeat the same offence, the prosecution shall be at liberty to move application for cancellation of bail.

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(Renu Agarwal,J.)

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Order Date :- 8.8.2023 Nadeem

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Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad

Jafar @ Raman Kaliya v. State of U.P.

Case brief

What is this about?

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Jafar @ Raman Kaliya v. State of U.P.

Case brief

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