Allahabad High Court
MOHD ASAD @ ASAAD @ KALIYAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to the applicant on the ground of parity with a similarly placed co‑accused.
Summary
The High Court of Allahabad considered a bail application filed by Mohd Asad @ Asaad @ Kaliya, who is charged under several sections of the Indian Penal Code, including 120B, 147, 148, 149, 286, 307, 386, 504 and 506. The applicant argued that a co‑accused, Mohd Faizan, in a similarly placed case had been granted bail, and therefore parity demanded the same relief. The State opposed bail, contending that the applicant is a high‑profile member of the Ateeq Ahmad gang, involved in extortion and allegedly operating the gang from jail, and highlighted his extensive criminal history. The court noted that the charge‑sheet against the applicant had not yet been filed, and that criminal antecedents alone cannot justify continued detention when bail criteria are otherwise satisfied. After weighing the parity argument and the lack of a charge‑sheet, the court held that the applicant had made out a case for bail and ordered his release on personal bond and sureties, subject to standard conditions.
Issues considered
- Whether bail should be granted to the applicant despite serious charges and alleged gang involvement.
- Whether the principle of parity with a similarly placed co‑accused who was granted bail mandates granting bail to the applicant.
- Whether the non‑submission of a charge‑sheet against the applicant precludes bail.
Legislation cited
- Indian Penal Code — s. 120B, 147, 148, 149, 286, 307, 386, 504, 506
Subjects
- bail
- parity
- criminal antecedents
- Indian Penal Code
- high‑profile criminal
- charge‑sheet
- trial pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13669 of 2026
Mohd Asad @ Asaad @ Kaliya
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Satya Dheer Singh Jadaun
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.68 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Satya Dheer Singh Jadaun, learned counsel for the applicant,
Sri Roopak Chaubey, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime/F.I.R. No.181 of 2023, under Sections
120B, 147, 148, 149, 286, 307, 386, 504, 506 I.P.C., Police Station
Dhoomanganj, District Prayagraj, during the pendency of trial.
4. Learned counsel for the applicant submits that similarly placed co-
accused, Mohd. Faizan, has been granted bail by a Co-ordinate Bench of this
Court vide order dated 05.07.2023 in Criminal Misc. Bail Application
No.23920 of 2023, hence, the applicant, having an identical role, is entitled
to bail on parity. The criminal history of eighteen cases assigned to the
applicant stands explained. He is in jail since 19.04.2023 and will not misuse
the liberty of bail.
5. Per contra, learned A.G.A. has vehemently opposed the bail application
on the ground that the applicant is a high-profile criminal, is a member of the
Ateeq Ahmad gang, and is involved in extorting money from several
persons. It is further submitted that he even operated the gang from jail.
Taking into consideration the seriousness and nature of the crime, he has
been transferred from Prayagraj Jail to the far-off Kasganj Jail.
BAIL No. 13669 of 2026
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6. This Court had called for the status of trial from the concerned Trial
Court. As per the said status report dated 20.08.2026, the charge-sheet has
not yet been submitted against the applicant, although it has been submitted
against the other co-accused persons.
7. In rebuttal, learned A.G.A. has stated that the charge-sheet has already
been submitted against the applicant.
8. This Court is of the view that if a case for bail is otherwise made out, an
accused cannot be kept incarcerated solely on account of his criminal
antecedents. In the instant case, the criminal history attributed to the
applicant has been properly explained.
9. After hearing learned counsel for the parties and taking into consideration
that the similarly placed co-accused has been enlarged on bail, the Court is
of the view that the applicant has made out a case for bail. The bail
application is allowed on the ground of parity.
10. Let the applicant- Mohd Asad @ Asaad @ Kaliya, be released on bail
in the aforementioned case crime on furnishing a personal bond and two
sureties to the satisfaction of the court concerned, subject to verification of
sureties, with the conditions that he shall not tamper with evidence or
intimidate witnesses and shall appear before the trial court as required.
11. Breach of any condition shall entail cancellation of bail. The
observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 21, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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