HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7849 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Atul Verma, learned counsel for the applicant, Shri Manish Vikram Singh Chauhan, learned A.G.A. for the State and Shri B.K. Singh, the learned counsel for the complainant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.250 of 2025 under Sections 305(a), 331(4), 317(2) of B.N.S. registered at Police Station- Gazipur, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.07.2025 at about 09:49 hours on the basis of a written complaint dated 14.07.2025 stating that when the office of Registrar, U.P. Pharmacy Council was opened at 09:55 AM it was found that lock put on visitor's channel was broken, all the racks of tables kept in two rooms were broken. The keys of Almirah's were kept in the racks. The DVR and hard disks of CCTV cameras as well as the camera installed in Room No.4 was missing. Approximately, Rs.4,000/- kept in room Nos.1 and 2 had also been stolen. The FIR mentions date and time of occurrence to be about 09:55 on 14.07.2025. 4. The recovery memo mentions that CCTV footage of cameras installed nearby the place of occurrence were examined wherein the applicant was seen carrying a bag in his hand. Upon this, the applicant was arrested Rs.3500/- was recovered from him and he confessed that he had stolen Rs.4,000/- from the office and had taken away the DVR. The DVR was recovered near a canal on pointing out of the applicant. 5. The State as well as the complainant have filed counter affidavits. The material collected during investigation and a copy of the charge-sheet dated 14.08.2025 have been annexed with the counter affidavit filed by the State. Versus Counsel for Applicant(s) : Rishabh Pandey, Atul Verma, Mohd. Yasir, Navneet Yadav Counsel for Opposite Party(s) : G.A., Brijesh Kumar Singh Sanjay Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Affairs Lko. .....Opposite Party(s) 6. In the statement of the complainant (Registrar, U.P. Pharmacy Council) recorded by the Investigating Officer, he had stated that the theft had come to light at about 09:55 on 12.07.2025 when the regular peon had opened the office. 7. Learned counsel for the applicant has stated that this statement of the complainant falsifies the prosecution allegation in the FIR that the incident took place on 14.07.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the discrepancy regarding the date of occurrence; that the applicant has no criminal history and he is languishing in jail since 16.07.2025 whereas the investigation stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Sanjay Mishra be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. October 6, 2025 -Amit K- BAIL No. 7849 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench