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2025 DAILYLAW 34160 (ALL)

SHUBHAM CHOUDHARY @ SHUBHAM CHHILLAR v. STATE OF U.P. AND ANOTHER

BAIL/10599/2025 · 2025-03-31

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:44417 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10599 of 2025 Applicant :- Shubham Choudhary @ Shubham Chhillar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nisheeth Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant Shubham Choudhary @ Shubham Chhillar with a prayer to release him on bail in Case Crime No.178 of 2019, under Sections 420, 467, 468. 120B I.P.C., P.S. Noida Sector 58, District Gautam Buddh Nagar during pendency of the trial. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant next submitted that co- accused Nirdesh Tyagi, Puspendra Kumar & Rajesh Khantwal have been granted bail by the coordinate Bench of this Court by orders dated 23.09.2022, 28.09.2021 & 06.10.2020. Learned counsel for the applicant next submits that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. Applicant having criminal history, which has been explained in the affidavit of bail application. 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. 4. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the parity claimed by the applicant with other co- accused. 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, the Court is of the view that the applicant has made out a case for bail on account of parity. The bail application is allowed. 6. Let the applicant, Shubham Choudhary @ Shubham 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 1.4.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad