Mohd Asad @ Asaad @ Kaliya v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13669 of 2026 Court No. - 68 (Sr. No.68 out of 131) HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard 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.

¶3Applicant 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.

¶4Learned 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.

¶5Per 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. Versus Counsel for Applicant(s) : Satya Dheer Singh Jadaun Counsel for Opposite Party(s) : G.A.

Mohd Asad @ Asaad @ Kaliya .....Applicant(s) State of U.P. .....Opposite Party(s)

¶6This 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.

¶7In rebuttal, learned A.G.A. has stated that the charge-sheet has already been submitted against the applicant.

¶8This 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.

¶9After 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.

¶10Let 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.

¶11Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. September 21, 2026 (Ravi Kant) BAIL No. 13669 of 2026 (Krishan Pahal,J.) High Court of Judicature at Allahabad