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Allahabad High Court

JAFAR @ RAMAN KALIYAversusSTATE OF U.P.

Decided

Holding

The Court held that, in view of the absence of injury to the police and the contention of false implication, the accused is entitled to bail.

Summary

Jafar @ Raman Kaliya applied for bail in a case (Crime No. 389 of 2026) alleging he opened fire on police, though no police were injured. He claimed false implication and highlighted his extensive criminal history with 33 pending cases, 30 of which he was already on bail. The State opposed the bail, but the Court noted the absence of injury and the Supreme Court’s recent dicta on bail. Relying on Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for grant of bail in re, the Court allowed the bail application without addressing the merits of the case. The accused was ordered to be released on personal bond with two sureties each, and to cooperate with the judicial process.

Issues considered

  • Whether the accused is entitled to bail despite a large number of pending criminal cases and prior bail history
  • Whether the lack of injury to police and alleged false implication justify granting bail
  • Whether the Supreme Court precedents in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for grant of bail in re are applicable to this bail application

Legislation cited

  • BNS — s. 109(1), 3(5)

Subjects

  • bail
  • criminal procedure
  • false implication
  • no injury
  • personal bond
  • sureties
  • Supreme Court precedent

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 30123 of 2026

Jafar @ Raman Kaliya
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)                            :    Jalaj Singh
Counsel for Opposite Party(s)                       :    G.A.

Court No. - 69
                    HON'BLE AVNISH SAXENA, J.

1. Supplementary affidavit has been filed explaining criminal history, the
same is taken on record.

1A. Heard Sri Jalal Singh, learned counsel for accused applicant and
learned A.G.A. for the State.

2. The present bail application has been moved by the applicant accused-
Jafar @ Raman Kaliya to enlarge him on bail in Case Crime No. 389 of
2026, under Sections 109(1), 3(5) of BNS, P.S.- Bhojipura, District-
Bareilly during the pendency of trial.

3. It is the contention of learned counsel for accused applicant that the
accused applicant has been falsely implicated by the police in FIR dated
8.6.2026 with the allegation that the accused applicant have opened fire
on the police party. It is further contended that none of the police persons
suffered injury. The arrest and recovery has been made in absence of the
independent witness. The charge sheet has been submitted. The accused
applicant has criminal history of 33 cases, out of which, in 30 cases, he is
on bail. Thirty bail orders have been annexed along with the bail
application and three bail orders could not traceable. The applicant is
languishing in jail since 16.6.2026. He seeks enlargement of accused on
bail.

4. Learned A.G.A. has opposed the bail application.
                                                                                          BAIL No. 30123 of 2026
                                                                  2


                                    5. This Court has taken into consideration the rival submissions made by
                                    learned counsel for the parties and perused the record.

                                    6. Considering the no injury case, the accused applicant is entitled to be
                                    enlarged on bail.

                                    7. Hence, without touching merit of the case, the bail application is
                                    allowed.

                                    8. The accused/applicant be released on bail in the aforesaid case on
                                    furnishing a personal bond and two sureties each in the like amount to the
                                    satisfaction of court concerned in view of observation made by the
                                    Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
                                    Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
                                    re [(2024)10SCC 685].

                                    9. The accused-applicant shall cooperate in judicial process for fair and
                                    speedy disposal.



                                                                                          (Avnish Saxena,J.)
                                    September 14, 2026
                                    Krishna*




Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad


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