HIGH COURT OF JUDICATURE AT ALLAHABAD Chhotu Shukla @ Akhilesh .....Appellant(s)

Versus State of U.P.

.....Respondent(s)

Counsel for Appellant(s) : Lal Mani Singh, Raghuvir Sharan Singh Counsel for Respondent(s) : G.A.

Court No. - 93 HON'BLE MRS. VANI RANJAN AGRAWAL, J.

Order on Bail/Suspension of Sentence Application u/s 389(1) Cr.P.C

1. Learned AGA has filed counter affidavit, which is taken on record.

2. Heard Sri Lal Mani Singh, learned counsel for the appellant and Sri Vikas Sahai, Sri Rahul Asthana, learned Additional Government Advocates for the State respondent.

3. This Criminal appeal under Section 374 (2) of the Criminal Procedure Code has been preferred against the order dated 5.9.2023, passed by learned Special Judge, Kanpur Dehat in S.S.T. No.1394 of 2021 (State vs. Hiru Dubey @ Dharmendra & others) arising out of Case Crime No.299 of 2020, under Sections 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as the 'Act'), Police Station-

Chaubeypur, District- Kanpur Nagar.

4. Learned counsel for the applicant submits that similarly placed co-accused namely Shiv Tiwari @ Ashutosh Tripathi has been granted bail by this Court vide order dated 13.10.2025 passed in Criminal Appeal No.11156 of 2023, hence on the basis of the principle of parity the applicant may also be released on bail. It is further submitted that on the basis of one case the present case under the Act has been lodged against the appellant and in said case the appellant has already been granted bail by the Court concerned. It is also submitted that the applicant is languishing in jail since 20.7.2020 and hence on the basis of the long detention period in jail, he deserves bail.

5. Per contra, learned Additional Government Advocate appearing for the State has vehemently opposed the prayer for bail and submits that the then Inspector in Charge, Police Station Chaubepur, District Kanpur Nagar, Shri Vinai Kumar Tiwari (complainant) had registered an complaint to the effect that under the FIR No.192 of 2020, against the accused under Sections 147, 148, 149, 302, 307, 394 of the Indian Penal Code and under Section 7 Criminal Law Amendment Act, registered at the local Chaubepur police station wherein it has been stated that the appellant and his associates opened indiscriminate fire on the police force. In this, eight police personnel were brutally murdered, several police persons sustained serious injuries and their weapons and ammunition were looted, disrupting public order. Gang leader Dharmendra alias Heeru and his fellow members are habitual offenders, committing heinous crimes described in Chapters 16, 17, and 22 of the Indian Penal Code. They have spread widespread fear and terror in society. No member of the public is willing to file a complaint or testify against them. To curb the activities of this gang, it was necessary in the public interest to take action under Section 3(1) of the Prevention of Anti-Social Activities Act, 1986. Therefore, the complainant of the present case Shri Krishna Mohan Rai, registered a case at Chaubepur police station against accused Heeru alias Dharmendra and 29 others under Section 3 (1) of the Act. The charge sheet also lists the charges against the accused as mentioned in the gang chart. It is further submitted that the appellant is named in the first information report and had actively participated in the incident. It is further submitted that while granting bail to the co-accused namely Shiv Tiwari @ Ashutosh Tripathi the material facts were not brought to the notice of this Court. Further in the matter of granting bail on the basis of the principle of parity, it is submitted by learned AGA that parity cannot be the sole ground for bail. It is further submitted that it is true that the applicant is in jail since 9.7.2020, and if the applicant is released on bail there will be every chances of his fleeing away from the process of law and tampering the witnesses.

6. I have given m