Neutral Citation No. - 2025:AHC-LKO:9647 Court No. - 16 Case :- CRIMINAL REVISION No. - 199 of 2025 Revisionist :- Hariram Godara Opposite Party :- State Of U.P. Thru. Secy. U.P. Civil Sectt. Lko. And Another Counsel for Revisionist :- Smita Singh,Avinash Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1. Heard learned counsel for the revisionist and learned A.G.A. for the State-respondents. 2. Under challenge is the impugned order dated 09.01.2025 passed by Additional Session Judge, Court No.7, Unnao in Criminal Misc. Case No.583/2024, arising out of Case Crime No.39/2024, under Sections 302, 201, 404, 34 of IPC, P.S. Dahi, District Unnao by which the application for release given by the revisionist for not releasing his vehicle No.RJ-43 UB 1649 has been rejected. 3. Learned counsel for the revisionist submits that order impugned passed by the learned trial court is bad in law inasmuch as the alleged vehicle is hypothecated from the Indusland Bank. The Branch Manager, Ram Kishore who is authorized signatory of the bank has given no objection before the court along with his affidavit to the effect that in case the vehicle is released in favour of the revisionist, the bank will have no objection. The affidavit given by the Branch Manager, Ram Kishore is on record. 4. Learned counsel for the revisionist has further drawn attention of the court towards the registration certificate, insurance and driving license of the alleged vehicle. It is submitted on behalf of the revisionist that keeping the seized vehicle will not serve any purpose rather the vehicle will decay. It is already under seizure for the last one year. On the other hand, revisionist is continuously paying the installments without default, the statement of loan account of the revisionist is also on the record. It is thus, prayed that the impugned order be set aside and vehicle be released. 5. In support of his contention, he has relied on the judgment passed by Hon'ble Supreme Court in Sundar Bhai Ambala Desai vs. State of Gujarat reported in [2003 (46) ACC 223], Mohd. Shamim Khan vs. State of U.P. reported in [2002 JIC 775 (All)] and Gurnam Singh and another vs. State of Uttaranchal reported in [(2003) 47 ACC 1086]. 6. Learned A.G.A. submits that since the revisionist is the lawful owner and there is no objection from the bank with whom the vehicle is hypothecated, the State cannot have any objection provided the adequate security is given by the revisionist to the learned trial court and the vehicle is produced by him before the court as and when it is required as it is a case property. 7. Perused the record. 8. From perusal of the record, it cannot be disputed that revisionist is a rightful owner and the vehicle is registered in his name. The vehicle is hypothecated by the Indusland Bank. The Branch Manager Ram Kishor has given no objection in favour of the revisionist in case the vehicle is released by the court. The revisionist is regularly paying the loan installments of the vehicle however, vehicle is under seizure for approximately one year. 9. The Hon'ble Supreme Court in the case of Sundar Bhai Ambala Desai (supra) has held as under:- "1. Owner of the article would not suffer because of its remaining unused or by its misappropriation. 2. Court or the police would not be required to keep the article in safe custody; 3. If the proper panchanama before handing over possession of article is prepared, that can be used in evidence instead of its production before the Court during the trial. If necessary, evidence could also be recorded describing the nature of the properly in detail; and 4. This jurisdiction of the Court to record evidence should be exercised promptly so that there may not be further chance of tampering with the articles." 10. In view of the settled law and considering the discussion made hereinabove, the impugned order dated 09.01.2025 is set aside. 11. The revision is allowed. 12. The vehicle is directed to be released forthwith on such terms i.e. bond, guarantee or security as the learned trial court may deem fit. Order Date :- 14.2.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench