HIGH COURT OF UTTARAKHAND AT NAINITAL Crimnal Misc. Application No. 652 of 2024 Vivek Kumar Alias Vikky .....Petitioner Versus State of Uttarakhand and Another .….Respondent Present:- Mr. Bhuwan Bhatt, Advocate for the petitioner. Ms. Manisha Bhandari, Standing Counsel for the State. Hon’ble Ravindra Maithani, J. (Oral) The challenge in this petition is made to the order dated 08.07.2024, passed in Misc. Application No.429 of 2024, Vivek Kumar Alias Vikky Vs. State, in Special Sessions Trial No.19 of 2023, State Vs. Sanjeev Chaturvedi and Others, by the court of Special Judge Vigilance Establishment Officer/First Additional Sessions Judge, Dehradun (“the case”). By it, an application, seeking release of certain articles, has been dismissed. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the petitioner would submit that the articles, which are sought to be released, are not case property; they belong to the petitioner. Therefore, the properties ought to have been released in favour of the petitioner. 4. On 17.12.2024, the Court had requested learned counsel appearing for the respondent no.1 as to whether the 2 articles are really required to be detained by the State? Today, learned counsel for the respondent no.1 would submit that the articles may be released in favour of the petitioner because those articles were never sent to forensic examination. 5. In view of it, this Court is of the view that the petitioner deserves to be allowed and the order dated 08.07.2024, passed in the case, deserves to be set aside. 6. The petition is allowed. 7. The order dated 08.07.2024, passed in the case, is set aside. 8. Let the cash and articles be released in favour of the petitioner subject to his furnishing a personal bond and one surety to the satisfaction of the court concerned. The release shall be subject to the following:- (i) The petitioner shall not transfer the ownership of the articles during the pendency of the case, without prior permission of the court. (ii) As and when required by the police or the court, the petitioner shall produce the articles at his own expenses. (iii) He shall keep the articles in condition in which it is released. (Ravindra Maithani, J) 11.02.2025 Ravi Bisht