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2025 DAILYLAW 30466 (ALL)

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

BAIL/9205/2025 · 2025-03-18

Deepak Verma

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:39356 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9205 of 2025 Applicant :- Subham Chaudhary Alias Subham Chhillar Opposite Party :- State of U.P. Counsel for Applicant :- Gireesh Chandra Dwivedi,Sanjay Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today by learned counsel for the applicant, 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 with a prayer to release the applicant on bail in Case Crime No. 234 of 2020, registered under Sections 420, 406 I.P.C., Police Station - Sector- 58 NOIDA, District- Gautam Budh Nagar, during pendency of the trial. 4. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is having no concern with the alleged offence. Applicant has invested money in scheme of the alleged company. Applicant is neither agent nor employee of the alleged company. He next submitted that co-accused, namely, Rajesh Khantwal (Director of the company) and Kapil Dhama, have been granted bail by the Co-ordinate Bench of this Court vide order dated 19.10.2020 and 10.01.2025 passed in Criminal Misc. Bail Application Nos. 35313 of 2020 and 47441 of 2024, respectively. Further, co-accused, Nitin Tyagi, has been granted anticipatory bail till conclusion of trial by the Co-ordinate Bench of this Court vide order date 15.03.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 No. 1920 of 2023. Applicant's case is on better footing than that of co-accused persons. Criminal history of the applicant has been explained in the bail application. The applicant is languishing in jail since 18.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 5. Learned A.G.A. has opposed the bail prayer of the applicant. 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 Alias Subham Chhillar, who is involved in the aforesaid case 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 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. (iii) 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 :- 19.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad