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2025 DAILYLAW 25407 (ALL)

SUBHAM CHAUDHARY @ SUBHAM CHHILLAR v. STATE OF U.P.

BAIL/7667/2025 · 2025-07-23

Gautam Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:122774 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7667 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 Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that there is no allegation against the applicant and he has been falsely implicated in the instant case. In the F.I.R. itself, it was specifically mentioned that Rajesh Khantwal and Mininder Kumar are the owner of the company and no allegation has been made against the applicant. Though, it was mentioned that the applicant is also one of the partners. Counsel for the applicant further relied upon the information which was received from Ministry of Corporate Affairs showing the Director of MIP Cab Company are Rajesh Khantwal and Mininder Kumar and the name of the applicant has not been mentioned in the said report as Director of the company. It is further submitted that the co-accused Rajesh Khantwal, against whom allegations have been made, who is the owner of the MIP Cab Company, has already been enlarged on bail in Criminal Misc. Bail Application No. 35221 of 2020 (Rajesh Khantwal vs. State of U.P.) vide order dated 19.10.2020 and as the case of applicant is not on the worse footing than that of the aforesaid co- accused-Rajesh Khantwal, therefore, applicant may also be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that there is a criminal history of 13 cases against the applicant in all cases first information reports have been lodged by the investors. The applicant is languishing in jail since 18.12.2024. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Subham Chaudhary @ Subham Chhillar, be enlarged on bail in Case Crime No. 04 of 2020, under Sections 420, 467, 468, 120-B I.P.C., Police Station- Sector-58 Noida, District Gautam Budh Nagar, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 24.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad