[2025:RJ-JP:37597] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5575/2018 Rajjaq S/o Fatti Khan, R/o Village Odela, Tehsil Ramgarh, District Alwar. ----Petitioner Versus 1. State Of Rajasthan Through PP 2. Hamsira W/o Kaiyum, D/o Chhotalli, aged about 21 years, R/o Village Chauma, Tehsil Ramgarh, District Alwar. 3. Hasina W/o Aiyum, D/o Chhotalli, Aged About 20 Years, R/o Village Chauma, Tehsil Ramgarh, District Alwar. ----Respondents For Petitioner(s) : Mr. Manish Gupta, Adv. For Respondent(s) : Mr. Devi Singh, Dy. G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 16/09/2025 1. This petition has been filed under Section 482 Cr.P.C. against the order dated 20.08.2018 passed by learned Additional Sessions Judge No.2, Alwar (hereinafter referred to as 'learned Revisional Court'), in Revision Petition No.137/2018, whereby, the learned Revisional Court while partly allowing the revision petition set aside the order dated 14.01.2016 passed by learned Civil Judge and Judicial Magistrate Ramgarh, Alwar (hereinafter referred to as 'learned trial Court') and imposed additional condition of submitting bank guarantee equivalent to the value of the seized tractor for releasing the same in favour of the petitioner. 2. Learned counsel for the petitioner submits that an FIR for the offences punishable under Sections 498-A & 406 of IPC was [2025:RJ-JP:37597] (2 of 3) [CRLMP-5575/2018] lodged by the respondent Nos. 2 & 3 against the petitioner and it was contended in the FIR that a tractor bearing registration No. RJ 02 RC 4825 was given to respondent No.3 in her marriage with petitioner along with other articles. After lodging of the FIR, the tractor was seized by the police. Learned counsel also submits that both respondents and petitioner filed applications for getting the seized tractor on "supurdaginama" and after hearing both the applications together, the tractor was released in favour of the petitioner by the learned trial Court. Learned counsel further submits that against the order of learned trial Court, respondent Nos. 2 & 3 preferred a Revision Petition No.137/2018, wherein, the learned Revisional Court imposed additional condition on the petitioner for furnishing of bank guarantee equal to the value of the tractor as per the assessment of the Insurance Company. Learned counsel prays to set aside the said imposed condition of furnishing bank guarantee by the petitioner. 3. The Co-Ordinate Bench of this Court, vide order dated 11.09.2018 has ordered that the condition of furnishing bank guarantee be kept in abeyance. 4. Learned counsel for the petitioner submits that after the order dated 11.09.2018 passed by Co-Ordinate Bench of this Court, the tractor was released in favour of the petitioner, and the same is in his custody. 5. Learned Public Prosecutor vehemently opposes the prayer made by learned counsel for the petitioner. 6. Heard and perused the material available on record. [2025:RJ-JP:37597] (3 of 3) [CRLMP-5575/2018] 7. The tractor has already been ordered to be released in favour of the petitioner on certain conditions, which are complied with by the petitioner. 8. Considering the facts and circumstances of the case and the fact that the matter pertains to the year 2016; that the tractor has already been released in favour of the petitioner, this Court deems it proper to allow the petition. 9. In view of the above, this petition is allowed and the condition imposed by learned Additional Sessions Judge, No.2, Alwar vide impugned order dated 20.08.2018 of furnishing bank guarantee equal to the value of the tractor is quashed and set aside. 10. Pending application(s), if any, also stands disposed of. (ASHUTOSH KUMAR),J Mohita /30