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Neutral Citation No. - 2025:AHC:48029 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 10683 of 2025 Applicant :- Vinod Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. Present application has been preferred with the prayer to quash/set aside the impugned order dated 27.2.2025 passed by learned Additional Sessions Judge, Court no. 1, Sonbhadra in Criminal Appeal no. 44 of 2024 (Vinod Kumar vs. State of U.P.) as well as order dated 27.8.2024 passed by Additional District Magistrate (Judicial) Sonbhadra in Case no. RST/2250 of 2020 (Computerized Case no. D202216660002250) (State vs. Pramod Kumar Gupta) in proceeding u/s 6(A) of the Essential Commodities Act, PS- Chopan, District Sonbhadra.
3. Learned counsel for applicant submitted that the instant application has been preferred for challenging the order dated 27.08.2024 as well as order dated 27.02.2025 passed by learned Additional District Magistrate (Judicial) Sonbhadra and Additional Sessions Judge, Court no. 1, Sonbhadra respectively while entertaining release application as well as appeal preferred at the behest of applicant before concerned authority and court respectively.
4. Learned counsel for the applicant submitted that although release application has already been partly allowed vide order dated 27.08.2024 but the pre-condition to receive the vehicle in question is exorbitantly much excessive in shape of deposition of Rs.7 lakh before the concerned treasury.
5. Learned counsel for the applicant indicates that the applicant is ready to furnish surety of the same amount so that the unnecessarily detained vehicle may be released in favour of the applicant.
6. Per contra, learned AGA although vehemently opposed the
prayer but shows his agreement over the suggestion as made by Court itself that the surety of Rs.7 lakh may be furnished by applicant and thereafter the vehicle may be released.
7. In view of aforesaid discussion, the instant application is hereby
disposed of with the direction that surety of Rs. 7 lakh may be furnished by applicant and thereafter the vehicle no. TNNID61703 be released in pursuance to impugned order dated 27.08.2024. The surety be provided by applicant within next one month from today and the order dated 27.08.2024 shall be effective only after deposition of the surety of Rs. 7 lakh by applicant.
Order Date :- 3.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad