Neutral Citation No. - 2025:AHC:121945 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25371 of 2025 Applicant :- Darshan Modanwal Alias Kali Opposite Party :- State of U.P. Counsel for Applicant :- Sharma Shashank,Sudarshan Singh 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 record. 2. Learned counsel for the applicant submits that the incident took place on 07.07.2024, whereas the F.I.R. has been lodged on 08.07.2024 without there being any plausible explanation of such an inordinate delay. He further submits that the applicant was not named in the F.I.R. and after about a month the police arrested the applicant along with two co-accused persons showing the recovery of one pair payal (white metal) and one kada (yellow metal) along with Rs. 4200/- when as a matter of fact no such recovery has been made from the person of the applicant. He further submits that the alleged recovery is not supported by any independent witness. Learned counsel further argued that the applicant has been falsely implicated in the present case due to ulterior motive. 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 applicant is languishing in jail since 04.08.2024. 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. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 5. Let applicant Darshan Modanwal @ Kali involved in Case Crime No. 208 of 2024 under Sections 331(4), 305, 317 of B.N.S., Police Station Sarnath, District Varanasi be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to 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 an 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 breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 7. The bail application is allowed. Order Date :- 24.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad