Neutral Citation No. - 2025:AHC:40471 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 276 of 2025 Petitioner :- Pramod Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Afzal Ahmad Khan Durrani,Rohit Sharma Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for petitioner, learned A.G.A. for the State and perused the record. The present petition has been preferred with the following reliefs:- "(i) Pass an order and set aside the order dated 23.10.2024 passed by Sessions Judge, Farrukhabad in Criminal Revision No. 154/2024 Varun @ Subodh Mishra and order dated 02.07.2024 passed by Chief Judicial Magistrate, Farrukhabad in Case Crime No. 0033 of 2024 under Sections 420, 406, 467, 468, 471 I.P.C., 66C & 66D I.T. Act, Police Station- Qadarigate , District-Farrukhabad State vs. Varun @ Subodh Mishra whereby learned Sessions Judge and learned Chief Judicial Magistrate had refused to release the mobile One Plus IMEI No. 866448052036310 phone of the petitioner in his favor. (ii) Pass an order or direction to respondent No. 3 or concern authority to release the mobile One Plus bearing IMEI No. 866448052036310 phone of the petitioner in his favor which is seized in pursuant/connection to FIR dated 19.02.2024 bearing Case Crime No. 0033 of 2024 under Sections 420, 406, 467, 468, 471 I.P.C., 66C & 66D I.T. Act Police Station-Qadarigate, District- Farrukhabad." At the very outset, learned counsel for the petitioner submitted that in pursuance to Case Crime No. 0033 of 2024 for collection of the material evidence mobile pertains to the petitioner has already been confiscated by the concerned investigating officer and thereafter the same has been submitted at the time of filing chargesheet being a case property before the concerned court. It is also submitted by learned counsel for the petitioner that the petitioner has already been granted bail by coordinate Bench of this Court ant the trial will take considerable period of time and during pendency of the trial, the value of the mobile being a case property will deteriorate on yearly basis and non-functioning of an electronic device will also destroy the mechanism of the property after considerable period of time. However, learned A.G.A. for the State vehemently opposed the prayer as made in the petition and submitted that the mobile contains valuable and material evidences in shape of date which might be in use of learned court concerned for determining the charges against the petitioner which has been put-forward by the prosecution. Considering the rival submissions extended by learned counsel for parties once the petitioner has already been granted bail by coordinate Bench of this Court and so far as regarding data available in the mobile, the same can be also received in some another hard device and after being carried out the entire exercise by way of obtaining entire data from the concerned One Plus mobile pertains to the petitioner, the same may be released after due verification of the receipt of purchase obtained by the petitioner at the time of purchase of the same device. It is made clear that entire exercise shall be completed within a period of two months from the date of presentation of a certified copy of this order. The present petition stands allowed, accordingly. Order Date :- 20.3.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad