SUBHAM CHAUDHARY ALIAS SUBHAM CHHILLAR v. STATE OF U.P.
BAIL/5830/2025 · 2025-03-23
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21086 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21086 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:42498 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5830 of 2025 Applicant :- Subham Chaudhary Alias Subham Chhillar Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Supplementary affidavit, filed today, is taken on record.
2. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.
3. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.07 of 2020, under Sections 420, 467, 468, 120-B I.P.C., P.S. Sector-58 Noida, District Gautam Budh Nagar, during pendency of the trial.
4. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is investor in the scheme and Director of the firm Rajesh Kantwal and other co-accused Puspendra Kumar have been granted bail by the Co-ordinate Bench of this Court vide orders dated 19.10.2020 and 28.09.2021 passed in Crl. Misc. Bail Application Nos.35248 of 2020 and 33070 of 2021, respectively. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant has total 13 cases of criminal history and in some of the cases, he has been granted bail. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 18.12.2024 and in case, he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
5. On the other hand, learned AGA and counsel for the informant vehemently opposed the prayer for bail but could not dispute the aforesaid facts.
6. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
7. Let the applicant, Subham Chaudhary @ Subham Chhillar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release
order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (ii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 24.3.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad