Neutral Citation No. - 2025:AHC:41178 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9306 of 2025 Applicant :- Subham Chaudhary Alias Subham Chhillar Opposite Party :- State of U.P. Counsel for Applicant :- Gireesh Chandra Dwivedi,Nisheeth Yadav,Sanjay Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Nisheeth Yadav, learned counsel for the applicant and Shri S.K.Rai, learned AGA-Ist for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Subham Chaudhary Alias Subham Chhillar, seeking enlargement on bail in Case Crime No. 305 of 2019 under Sections 420, 467, 468, 120-B I.P.C., Police Station-Sector-58 NOIDA, District Gautam Budh Nagar. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 18.12.2024. Learned counsel for the applicant submits that First Information Report has been lodged on 01.07.2019 against the applicant and 5 other persons with the allegation that accused Alam and Pushpendra have stated the first informant that if you invest Rs. 61,100/- for one bike in their company namely M.I.P. Bike, he will get Rs. 10,100/ per month for 12 months. First informant invested Rs. 3,72,000/- for six bikes with the company but he did not receive any return thereon. He further submits that there is no specific allegation regarding transaction of money in the bank account of the applicant. He further submits that the applicant himself is victim of the case. He entered in an agreement with the company, for ten bikes and invested money and the Director of Company namely Rajesh Khantwal transferred some money in the account of the applicant in return of the money invested by the applicant. Learned counsel for the applicant submits that co-accused namely Nitin Tyagi, Nirdesh Tyagi, Rajesh Khantwal, Kapil Dhama, Pushpendra Kumar, have been granted bail by the coordiante Benches of this Court in Criminal Misc. Bail Application Nos. 36308 of 2019, 34320 of 2022, 31613 of 2020, 47582 of 2024 and 32890 of 2021 vide orders dated 15.03.2024, 16.08.2022, 05.10.2020, 10.01.2025 and 19.08.2021. Applicant has no previous criminal antecedent but subsequent to present First Information Report he has been falsely implicated in 13 cases and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail by submitting that the applicant is member of the aforesaid gang which is involved in committing fraud with the public at large but could not dispute the fact that the co-accused have been granted bail by this Court. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Subham Chaudhary Alias Subham Chhillar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 20.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad