SUBHAM CHAUDHARY @ SUBHAM CHHILLAR v. STATE OF U.P.
BAIL/7647/2025 · 2025-07-02
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25351 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25351 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:104569 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7647 of 2025 Applicant :- Subham Chaudhary @ Subham Chhillar Opposite Party :- State of U.P. Counsel for Applicant :- Nisheeth Yadav,Sanjay Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Nisheeth Yadav, learned counsel for the applicant, Sri Raj Bahadur Verma, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 629 of 2019, under sections 120-B, 420, 467, 468, 506 IPC, P.S.- Sector-58 Noida, District- Gautam Budh Nagar, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that as per the F.I.R., the allegation is against M/s Memplay Innovative Promoters which is a proprietorship firm of Rajesh Khantwal against whom allegation has been made to persuade people to invest money with heavy return but that was not paid to the investors including the first informant. It is further submitted that co-accused, Rajesh Khantwal, has already been enlarged on bail by a coordinate Bench of this Court vide order dated 22.10.2020 passed in Criminal Misc. Bail Application No. 35324 of 2020 and, therefore, the applicant is also entitled to be released on bail on the ground of parity as there is no allegation against the applicant regarding his involvement in the affairs of the proprietorship firm/ company. It is further submitted that the applicant has no previous criminal history except 12 cases invoked
subsequently regarding the same transaction. It is also submitted that the charge-sheet has already been filed. Therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and is languishing in jail since 18.12.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that applicant has parity with the co- accused who has already been released on bail. 5.
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, I am of the opinion that the applicant is entitled to be enlarged on bail on the ground of parity. 6. Let the applicant- Subham Chaudhary @ Subham Chhillar, involved in the aforementioned crime 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, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the
conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 3.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad