Allahabad HC Grants Bail to Man Accused of Helping Slain Gangster-Politician Ashraf Ahmed Operate from Jail

The case, registered at Bithari Chainpur police station in Bareilly, was part of a larger web of investigations following the assassination of Umesh Pal, a key witness in the 2005 murder of MLA Raju Pal. 

Raju Pal was a Bahujan Samaj Party (BSP) politician who won the Prayagraj West (then Allahabad West) assembly seat in a by-election in late 2004, defeating Khalid Azim (alias Ashraf), brother of gangster-turned-politician Atiq Ahmed. On January 25, 2005, Raju Pal was shot dead in broad daylight while travelling in his constituency. The main accused in Raju Pal’s murder included Ashraf and Atiq Ahmed, who were believed to have played a pivotal or complicit role in its orchestration. The case was initially handled by local police but was later transferred to the Central Bureau of Investigation (CBI) around 2016. Umesh Pal, a lawyer, was regarded as a key witness in the Raju Pal case. On February 24, 2023, he was shot dead outside his house in Prayagraj’s Sulem Sarai / Sulemsarai / Dhoomanganj locality, along with two of his police security guards.

Later on, Atiq Ahmed was shot and killed along with his brother Ashraf on April 15, 2023, while being escorted by police for a medical checkup. Three assailants, identified as Lavlesh Tiwari, Mohit alias Sunny, and Arun Maurya, posed as journalists and fired multiple shots at them at close range. The shooting was captured live on television.

In the present matter, according to the prosecution, Sadakat Khan was a close associate of Ashraf and was involved in coordinating activities from within Bareilly Jail. Investigators alleged that he gained access to Ashraf illegally and assisted in maintaining communication channels that were central to the larger conspiracy being probed after Umesh Pal’s murder.

However, court noted significant gaps in the prosecution’s case. The First Information Report (FIR) filed on March 7, 2023, did not name Sadakat Khan among the original seven accused. His name surfaced only later, based on the statement of co-accused Lala Gaddi, a factor that Justice Jain said could not alone sustain continued pre-trial incarceration.

Appearing for the accused, Advocates Sameer Uddin and Siddhartha Mishra argued that Khan’s alleged role was limited to a single uncorroborated claim and that no evidence existed to substantiate active participation in any criminal conspiracy. They further contended that while the applicant had a criminal history of four cases, including one under Section 302 IPC, his prior record had already been explained in detail in the bail affidavits.

The State, represented by Additional Government Advocate Rupak Chaubey, opposed the bail plea, describing Khan as an associate of “a hardened criminal” and asserting that his background made him unfit for release. However, court rejected this argument, reiterating that criminal antecedents alone are insufficient to deny bail if other factors weigh in the applicant’s favour.

Citing the Supreme Court’s judgment in Ayub Khan v. State of Rajasthan (2024 SCC OnLine SC 3763), the High Court emphasized that antecedents are only one of several considerations in bail decisions. “If otherwise a case for bail is made out, then ordinarily, merely on the basis of criminal antecedents, the bail application should not be withheld,” the order stated.

Justice Jain further reaffirmed that bail is the rule, and jail is the exception, observing that an accused remains presumed innocent until proven guilty. Court noted that Khan had already spent nearly ten months in custody since November 29, 2024, and that no direct material evidence linked him to the alleged conspiracy inside the jail.

Granting bail, court directed Khan to furnish a personal bond with two sureties and to refrain from tampering with evidence or engaging in any unlawful activity. It also warned that any breach of the conditions could lead to cancellation of bail.

In 2005, BSP MLA Raju Pal was shot dead, allegedly at the behest of gangster-politician Atiq Ahmed and his brother Ashraf, who were later named prime accused. Nearly two decades later, Umesh Pal, the key eyewitness in that case, was gunned down outside his Prayagraj home in February 2023. The subsequent probe pointed to alleged conspiracies hatched from inside jails, with investigators tracing communication links to Ashraf in Bareilly Jail. One such trail led to the case registered at Bithari Chainpur police station, where Sadakat Khan was accused of aiding Ashraf in jail.

Case Title: Sadakat Khan vs. State of U.P.

Order Date: October 7, 2025

Bench: Justice Sameer Jain