Ashok Kumar and 2 Others vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko

The captioned criminal appeal has been filed by the appellant/applicant challenging therein, the judgment and order dated 05.04.2025 passed by the learned Additional Sessions Judge-Fifth/Special Judge Gangster Act, Ayodhya in Special Gangster Case No.345 of 2002, State vs. Yamuna Prasad Yadav and others, arising out of Case Crime No.286 of 2001, registered under Sections 395, 397 & 412 I.P.C and Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 , Police Station-Inayatnagar, DistrictAyodhya, whereby the appellants/applicants had been convicted for the offence punishable under sections 397 I.P.C. and section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 and have been sentenced for rigorous imprisonment of 12 years along with fine of Rs.10000/for the offence under section 397 IPC and for the offence under section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 they have been sentenced to five years simple imprisonment along with fine of Rs.5000/. In case of non payment of fine each of the accused was awarded additional imprisonment for three months.

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Learned counsel appearing for the appellants/applicants has brought to the notice of this Court that one co-convict of the crime in question, namely, Vijay Prakash has already been granted bail by this Court vide order dated 08.10.2025 passed in Criminal Appeal No.1234 of 2025. He further submits that another co-convict Ram Karan has also been enlarged on bail in Criminal Appeal No.1260 of 2025 in respect of same offence arising out of same

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CRLA No. 1273 of 2025

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judgment vide order dated 10.10.2025 passed by a co-ordinate Bench of this Court. He has further argued that the role of the present appellants/applicants is identical to that of the aforesaid co-convict persons, who have already been granted bail by this Court.

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He also submitted that statement of injured Parashuram PW-7 has been filed along with supplementary affidavit in which he has not named the appellants or any of the convicts in his examination in chief. In cross examination he has stated that none of the persons of his village was involved in the dacoity. He has only stated he knows the appellants Awadhesh Kumar, Rajendra Prasad and Ashok Kumar. The appellants are in jail since 05.4.2022 for more than three and half years. Maximum sentence awarded to the appellants is 12 years rigorous imprisonment in present case.

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Learned counsel for the appellant/applicant has submitted that the appellant/applicant is in judicial custody since 05.04.2022 and during trial appellants were on bail and further the appellants/applicants had never misused the liberty of bail granted by the trial court. It has also been submitted that the final disposal of this criminal appeal by this Court is likely to take some time, therefore, it is in the interest of justice that during the pendency of this criminal appeal, the appellant/applicant may be enlarged on bail.

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Learned A.G.A. appearing for the State has opposed the prayer for grant of bail on the ground of quantum of sentence awarded in impugned judgment and gravity of offence but he did not refuse the factual submissions made by the learned counsel for the appellant.

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I have considered the arguments advanced by the learned counsel appearing for the parties and I find that the identically placed convicts in the crime in question have already been granted bail by this Court.

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Learned Additional Government Advocate could not point out any difference in the role of the present appellants/applicants with the appellants/applicants Vijay Prakash and Ram Karan who have already been enlarged on bail by this Court, therefore, I am of the view that the appellants/applicants are also entitled for grant of bail on the ground of parity.

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Accordingly, I hereby direct the trial court/competent court to enlarge the appellants/applicants- Ashok Kumar, Awadhesh Kumar an Rajendra Prasad on bail in the aforesaid case crime number on furnishing two sureties and a personal bond to its satisfaction with the following conditions:-

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(i.) The fine imposed by the trial court shall be deposited by the appellant/applicant within a period of one month from his actual release from

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prison, if the same is not earlier deposited.

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(ii.) The appellant/applicant shall cooperate in early disposal of the appeal without seeking unnecessary adjournment.

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(iii.) The appellant/applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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On acceptance of the bail bonds and the personal bond, the court concerned shall transmit the photocopies thereof to this Court for being kept on the record.

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(Order on Memo of Appeal)

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List this criminal appeal in due course.

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December 5, 2025 mks

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(Ram Manohar Narayan Mishra,J.)

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Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench

Ashok Kumar and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko

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Ashok Kumar and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko

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