High Court
Case Details
Neutral Citation No. - 2025:AHC:66614 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6496 of 2025 Applicant :- Subham Chaudhary Alias Subham Chhillar Opposite Party :- State of U.P. Counsel for Applicant :- Nisheeth Yadav,Sanjay Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed for bail in Case Crime No.06 of 2020, under Sections 420, 467, 468, 120-B I.P.C., Police Station - Sector-58 Noida, District - Gautam Budh Nagar.
Legal Reasoning
2. Learned counsel appearing on behalf of applicant has submitted that the present applicant is innocent and he has been falsely implicated in the present case. He has also submitted that the applicant is one of the investor in the company, namely, M/s. MIP Cabs Pvt. Ltd. (hereinafter referred to as "Company"). It is further submitted that the allegations in the F.I.R. were that the applicant has instigated other persons to invest in the said company as he has also invested the money in that company. It is further submitted that as per allegation made in the FIR, the complainant entered into an agreement with the Director of the Company namely Rajesh Khantwal. It has been further asserted in the FIR that in view of the investment which has been made by the complainant, money has not been paid back by the company. It is clearly submitted that company is not made accused in the instant case crime. It is also submitted that applicant is innocent person and he is one of the victim of the commission of crime committed by the company and their directors. It is also submitted that the Managing Director of the Company has already been released on bail vide order dated 20.10.2010 by Co-ordinate Bench of this Court. He has further submitted that there are previous criminal history of thirteen (13) cases. Learned counsel for applicant, on instructions, has submitted that in all the cases the applicant has been falsely implicated by the police, which have been explained in paragraph - 12 of the paper book. It is further submitted that the applicant filed a writ petition before this Court and the case crime numbers described in paragraph no.12 of the paper-book, were clubbed by the Division Bench of this Court with that writ petition vide order dated 30.05.2024 and treated as Case Crime No.178 of 2019, he has also been enlarged on bail in most of the cases i.e. ten out of thirteen cases and in three cases the bail is still pending before this Court, out of three, one is the instant case. Applicant is languishing in jail since 18.12.2024. It is also submitted that the investigation has already been completed and charge sheet has been filed on 13.01.2025. 3.Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned A.G.A. appearing on behalf of the State, in advance notice, has vehemently opposed the bail application of applicant and submitted that the applicant is not entitled to be released on bail and submitted that he is habitual offender involving in 13 cases and it is wrong to say that the applicant was only investor in the said company, but he is the star agent of the said company. Learned AGA has also submitted that there were huge transactions have been made in bank accounts of applicant bearing Account Number - 874310100063 (State Bank of India) and Account Number - 6133002100005595 (Punjab National Bank), therefore, he is the main person to influence the harden money to the company and he is the beneficiary of the said investment, but he is not denied the fact that Managing Director of the said company has already been enlarged on bail vide order dated 20.10.2020 by Co-ordinate Bench of this Court. The applicant is not entitled to be released on bail on three grounds, firstly, he is habitual offender of thirteen cases, secondly, he is the main person to influence the poor people to invest the harden money in the fake company and also he is the beneficiary of the said investment as shown in the material collected in the charge sheet that there were huge transactions in his two accounts as mentioned above and thirdly it is submitted that as per Purcha No. 151 dated 25.1.2025, in the account of the applicant amount of Rs. 42,39,171/- has been deposited and the same has been withdrawn by the present applicant. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. Supplementary affidavit filed today on behalf of applicant, is taken on record. 7. It is admitted fact that applicant has named in the F.I.R., but it is also admitted fact that all the F.I.Rs. were lodged against the applicants in the year 2019-2020. When, applicant was arrested in December 2024, he was released on bail and he was not violated any terms and conditions of the bail. It is settled law that if any habitual offender who was released on bail and after releasing came out from the jail, he committed another offence that can be treated separately and differently by the Court, otherwise if the alleged crime case number in which the applicant was shown in the several cases and which properly explained the Court may take lenient view which depends on the facts of the case.
Decision
8. I have also perused the writ petition filed by the applicant which has been shown during arguments. The applicant has taken ground that he was falsely implicated in all the 13 cases which has been clubbed by common trial. 9. Taking into consideration the arguments and contentions made by learned counsel for the applicant the Division Bench of this Court has directed for clubbing all the cases and treated as one Case Crime No.178 of 2019. It is also admitted fact and not denied by learned AGA for the State that the main person i.e. Managing Director of the company, has already been enlarged on bail by Co- ordinate Bench of this Court and which has not been challenged by the State in any Higher Court or in appeal, therefore, the order of the said bail got forwarded. The applicant is languishing in jail for almost five months and he has also undertaken that the applicant shall abide by all terms and conditions as imposed by this Court. It is also informed that out of 13 cases he has been enlarged on bail in 10 cases, the charge sheet has already been filed after completion of investigation and there is no chance to conclude the trial in near future. 10. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 11. Let the applicant - Subham Chaudhary alias Subham Chhillar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.2,00,000/- (Two Lacs) 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 evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 29.4.2025 S.K.S. (Chandra Dhari Singh, J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad