HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30549 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. At the outset, counsel for the applicants prays for and is permitted to correct the name of the applicant no.1 in the memo of bail application. 2. Computer section is directed to correct the name of applicant no.1 in its database accordingly. 3. Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Vikram Singh Srivastava, learned counsel for the applicants, and Sri Shashank Shekhar Pandey, learned A.G.A. for the State-opposite party. 4. The present bail application has been filed with the prayer to enlarge the applicants on bail in Case Crime No. 50 of 2025, under Sections 318(2), 318(4), 61(2), 317(2), 111(3), 111(4), 111(6), 111(7) B.N.S. and 66C, 66D I.T. Act, Police Station Cyber Crime, District Varanasi during the pendency of the trial. 5. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. The applicant no.2 is a registered trader with the National Stock Exchange of India and is running a company in the name and style of 'M/s. Angel One Limited' having its office at 601 Ackruti Star, 6th Floor, Central Road, MIDC, Andheri (East), Mumbai. The applicant no.1 is merely working in the said company on commission basis. Recovery of three mobile phones, two PAN cards, two Aadhar cards, three ATM cards, one Ayushman card and a purse has been shown from the applicant no.1 and recovery of two ATM cards, five cheque-books, two SIM cards, a laptop, Rs.101700/- and a watch-case containing nine watches has Versus Counsel for Applicant(s) : Mohd. Afzal, Prateek Sinha, Vikram Singh Shrivastava Counsel for Opposite Party(s) : G.A. Shomil Modanwal And Another .....Applicant(s) State of U.P. .....Opposite Party(s) been shown from a bag. Recovery of a mobile phone, two Aadhar cards, a voter ID, a PAN card, a driving licence, an ATM card, two SIM cards and Rs.25,220/- has been shown from the applicant no.2 and recovery of five ATM cards, one cheque-book, two credit cards, a laptop, five android mobile and Rs.100000/- has been shown from a bag. The said recovery is false and planted. There is no independent witness to the alleged recovery. The recovered articles do not connect the applicants with any offence. At this stage there is no corroborative evidence to link the applicants with the offence. It is next contended that the applicants are neither members of any organized crime syndicate nor they acted on behalf of such syndicate. Criminal history of applicant no.1 has been explained in paragraph-2 of the supplementary affidavit, whereas applicant no.2 has no criminal antecedents. The applicants are in jail since 30.12.2025 and if they are released on bail, they will not misuse the said liberty. 6. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that there is no independent witness to the alleged recovery. The recovered articles do not connect the applicants with any offence. At this stage there is no corroborative evidence to link the applicants with the offence. Moreover, the applicants have remained confined for more than eight months and after submission of the charge- sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant are entitled to be enlarged on bail. 8. Let the applicants- Shomil Modanwal and Abhay Maurya, involved in the aforesaid case, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that they: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. BAIL No. 30549 of 2026 2 9. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. September 24, 2026 Manish Kr BAIL No. 30549 of 2026 3 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad