Neutral Citation No. - 2025:AHC:125918 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 5404 of 2025 Applicant :- Vinod Yadav Opposite Party :- State Of U.P. And 3 Others Hon'ble Saurabh Srivastava,J. 1. At the very outset, learned counsel for the applicant has prayed for and permitted to make correction in the prayer clause of the application under Section 528 BNSS, during course of the day. 2. Heard learned counsel for applicant and learned A.G.A. for State. 3. The instant application has been preferred for quashing the entire proceedings of judgement and order dated 17.08.2022 passed by District Magistrate, Deoria in Case No. 499 of 2022 [Computerised Case No. D202205200000499] (State of UP v. Vinod Yadav), arising out of Case Crime No. 134 of 2022, under sections 3/5-A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, P.S.- Bankata, District- Deoria. Further prayer has been made to direct the authorities concerned to release the vehicle (Truck Container) bearing registration No. UP-66-T-1607 in favour of applicant. 4. 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. In the instant matter, the applicant has not been caught by the police on the spot nor any recovery has been from his possession. It is further submitted that relevant documents has been brought on record, which shows that the applicant is owner of vehicle in question, vehicle (Truck Container) bearing registration No. UP- 66-T-1607 and no useful purpose shall be served by way of keeping the vehicle in question at police station concerned. 5. Referring to aforesaid facts as well as contents of F.I.R. as also the impugned order 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 it's value and ultimately, the vehicle may become junk. Placing reliance on the decision of Hon'ble the Apex Court in Sunderbhai Ambalal Desai v. 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 vehicle in question. 6. On the other hand, leaned A.G.A. submitted that since vehicle in question was related to the applicant, who has been implicated in pursuance of sections of Cow Slaughter Act, the competent authorities while rejecting the release application have not committed any illegality. Impugned order does not suffer from any infirmity or illegality warranting interference by this Court. 7. I have considered the rival submissions made by learned counsel for the parties and have gone through the entire record carefully, wherein, it is crystal clear the applicant has not been caught by the police on the spot nor any recovery has been from his possession and the vehicle in question is still kept at police station concerned. 8. Accordingly, the present application is allowed. Impugned order dated 17.08.2022 passed by District Magistrate, Deoria in Case No. 499 of 2022 [Computerised Case No. D202205200000499] (State of UP v. Vinod Yadav), arising out of Case Crime No. 134 of 2022, under sections 3/5-A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, P.S.- Bankata, District- Deoria, is hereby set-aside. 9. The authority concerned is hereby directed to release the vehicle (Truck Container) bearing registration No. UP-66-T-1607 in favour of it's 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 vehicle in question as and when the learned concerned court will require during trial of aforementioned case crime number. (ii) The applicant shall not put for sale the vehicle in question by transferring the same to any third party. (iii) The applicant shall also not change the nature and colour of the vehicle in question in any manner during pendency of said case crime number. Order Date :- 29.7.2025/ Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad