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2025 DAILYLAW 105972 (ALL)

ARUN YADAV v. State of U.P. AND ANOTHER

A482/37211/2024 · 2025-07-24

Saurabh Srivastava

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Judgment text

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Neutral Citation No. - 2025:AHC:123419 Court No. - 77 Case :- APPLICATION U/S 482 No. - 37211 of 2024 Applicant :- Arun Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred for quashing order dated 03.08.2024 passed by learned Additional District and Sessions Judge, Court No.18, Meerut in Criminal Revision No.14 of 2024 (Arun Yadav Vs. State of U.P.), under Section 5(A) of Prevention of Cow Slaughter Act, 1955 and order dated 11.12.2023 passed by Additional District Magistrate (Admin.), Meerut in Case No.9198 of 2023 by which application preferred at the behest of applicant seeking release of his vehicle, has been rejected. 3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in this case and he has no knowledge about the fact that the act committed by him is illegal, whereas in the instant matter, he has already been extended bail on personal bond. It is further submitted that relevant documents have been brought on record, which shows that the applicant is owner of vehicles in question, bearing registration No. DL 01 LAF 9132 and UP 14 FP 8624 and no useful purpose shall be served by way of keeping the vehicles in question at police station concerned. 6. Referring to aforesaid facts as well as contents of F.I.R. as also the impugned orders passed on the release application moved by the applicant, it is submitted that detention of the vehicle for a long time at the police station, is likely to diminish its value and ultimately the vehicle may become junk. Placing reliance on the decision of Hon'ble the Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat, 2003 (1) JIC 615 (SC), it is submitted that the Apex Court has held that "In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles." It is lastly submitted that applicant is willing to fulfill all conditions imposed upon him for release of the vehicles in question. 7. On the other hand, leaned A.G.A. submitted that since vehicles in question were related to the applicant, who has been implicated in pursuance to sections of Cow Slaughter Act, the competent authorities while rejecting the release application, have not committed any illegality and as such, impugned orders do not suffer from any infirmity or illegality warranting interference by this Court. 8. I have considered the rival submissions made by learned counsel for the parties and have gone through the entire record carefully through which it is crystal clear the applicant has already been granted bail in the instant matter and the vehicles in question are still kept at police station concerned. 9. Accordingly, the present application is allowed. Impugned order dated 03.08.2024 passed by learned Additional District and Sessions Judge, Court No.18, Meerut in Criminal Revision No.14 of 2024 (Arun Yadav Vs. State of U.P.), under Section 5(A) of Prevention of Cow Slaughter Act, 1955 and order dated 11.12.2023 passed by Additional District Magistrate (Admin.), Meerut in Case No.9198 of 2023, are hereby set-aside. The authority concerned is hereby directed to release the vehicles bearing registration No. DL 01 LAF 9132 and UP 14 FP 8624 in favour of their registered owner, i.e., applicant upon furnishing surety upto the satisfaction of court concerned, subject to following terms and conditions as mentioned below :- (i) The applicant shall produce the vehicles in question as and when the learned concerned court will require during trial of aforementioned case. (ii) The applicant shall not put for sale the vehicles in question by transferring the same to any third party. (iii) The applicant shall also not change the nature and color of the vehicles in question in any manner during pendency of said case. Order Date :- 25.7.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad