AKHILENDRA PRATAP SINGH v. STATE OF U.P. AND 2 OTHERS
A227/2124/2025 · 2025-03-03
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25150 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25150 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31986 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2124 of 2025 Petitioner :- Akhilendra Pratap Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Upadhyay Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties. 2. Present petition has been preferred with the following prayers:-
"1) Issue suitable, order or direction setting aside the impugned order dated 14.8.2024 passed by the Special Chief Judicial Magistrate, Prayagraj so far as it relates to the imposition of condition of personal bond of Rs. 8 lakh and the impugned revisional order dated 27.1.2025 passed by the Sessions Judge, Prayagraj (Annexure no. 1 & 2 to this petition). 2) Issue suitable, order or direction commanding/ directing the Station House Officer- respondent no. 2 to release the vehicle of the petitioner bearing registration no. UP63J5557 Bolero subject matter of Case Crime no. 203/24, under Section 379/411 forthwith admitting the personal bond specified by this court."
3. Brief facts of the case is that vehicle of the petitioner bearing registration no. UP63J5557 Bolero was parked in his garage in the night of 20.05.2024, but it was found missing in the morning of
21.5.2024. In this regard, petitioner has lodged FIR in Police Station Kolonelganj, Prayagraj on dated 23.05.2024. Later on, it came in the knowledge of the petitioner that vehicle of the petitioner bearing registration no. UP63J5557 has been recovered and parked in Police Station Colonelganj, Prayagraj. 4. Petitioner moved an application before learned Special Chief Judicial Magistrate, Prayagraj for getting release of the vehicle in his favour. Learned trial court vide order dated 14.8.2024 allowed the application of the petitioner and directed the Station Officer of Police Station Colonelganj to release the vehicle of the petitioner on the condition of submitting personal bond of Rs.8,00,000/-. Being aggrieved with the order dated 14.8.2024, so far as it relates to the imposition of excessive amount of personal bond, petitioner has preferred revision no. 520 of 2024 before learned Sessions
Judge, Prayagraj, who vide order dated 27.1.2025 dismissed the revision which has been challenged through the instant petition. 5. Learned counsel for the petitioner challenged the impugned orders on several other grounds inter alia on the ground that the present valuation of the vehicle is Rs.80,000/- but learned trial court has imposed personal bond of Rs.
8 lakh which is not sustainable in the eye of law hence the orders impugned are liable to be set aside. 6. Per contra, learned AGA vehemently opposed the prayer sought through the instant petition and supported the orders impugned. 7. Be that as it may, without interfering into the merits of the matters, condition no. 1 mentioned in order dated 14.8.2024 passed by the learned Special Chief Judicial Magistrate, Prayagraj in Case Crime no. 203 of 2024 (State vs. Unknown) is hereby modified to the extent that petitioner shall deposit Rs. 2 lakh as personal bond before the court concerned for release of his vehicle. Rest of the
order shall remain the same.
8. The instant petition stands partly allowed accordingly.
Order Date :- 4.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad