Neutral Citation No. - 2025:AHC-LKO:34253 Court No. - 5 Case :- APPLICATION U/S 482 No. - 4442 of 2025 Applicant :- Abhisheik Saxena Opposite Party :- State Of U.P. Thru Principal Sec. Home Counsel for Applicant :- Ashok Kumar,Kubra Fatima,Mohsin Asad,Muzammil Asad Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J. 1. Heard Ms. Kubra Fatima, learned counsel appearing for the applicant and learned Additional Government Advocate appearing for the State. 2. The instant application under Section 482 Cr.P.C./528 B.N.S.S., 2023 has been filed challenging therein, the order dated 10.10.2024 passed by the learned Additional Chief Judicial Magistrate Second, Court No.26, Lucknow in connection to the Case Crime No.610/2023 registered in Police Station Vibhuti Khand, District Lucknow under Sections 384, 323 I.P.C. whereby, the applicant had been directed to provide one surety of Rs.1,15,000/- for release of cash amounting Rs.35,000/- and a mobile phone. 3. It has been contended on behalf of the applicant that vide order dated 10.10.2024, the cash amounting Rs.35,000/- and a mobile phone have been directed to be released. It has further been contended that once the total value of the article and money to be released is not more than Rs.70,000/-, there cannot be any occasion to impose a condition that the same would be released only when the applicant provides one surety of Rs.1,15,000/-. 4. I have considered the arguments advanced by the learned counsel appearing for the applicant and prima-facie, I do not find any occasion for the trial court to impose such a harsh condition of providing one surety of Rs.1,15,000/- for release of cash amounting Rs.35,000/- and a mobile phone. It is not disputed that the trial court can impose reasonable conditions for release of the articles subject matter of the crime, but by no stretch of imagination, the trial court can be permitted to impose irrational conditions for release of the articles. This Court is of the view that asking one surety of Rs.1,15,000/- from the applicant for release of cash amounting Rs.35,000/- and a mobile phone is absolutely arbitrary. 4. Accordingly, the order dated 10.10.2024 is modified to the extent that the cash amounting Rs.35,000/- and a mobile phone shall be released in favour of the applicant on providing one surety of Rs.30,000/-. It is further provided that other conditions imposed in the order dated 10.10.2024 shall remain intact. 5. With the aforesaid direction, this application is finally disposed of. Order Date :- 2.6.2025 Salim Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad, Lucknow Bench