[2025:RJ-JP:3693] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. (Petition) No. 440/2025 Udal Singh S/o Shri Ramjilal, R/o House No. 102, Gali No. 3, Surya Vihar, Part-3, Amarnagar, Faridabad- Haryana Through Power Of Attorney Holder Vijendra S/o Shri Ramhet, Aged About 34 Years, R/o Rundh Ikran, Tehsil And District Bharatpur ( Rajasthan). ----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Himmat Singh Bikarwar For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 27/01/2025 1. Present petition has been filed under Section 528 BNSS with a prayer that the order dated 07.11.2024, passed by the Chief Judicial Magistrate, Bharatpur whereby he has directed the petitioner to furnish this ‘Supurdaginama’ of Rs. 1,00,000/- alongwith bank guarantee of same amount, be modified. 2. Learned counsel for the petitioner submits that the vehicle motorcycle Bullet bearing registration No. HR-51-CP-5184 was seized by the police in a criminal case related to offence under Sections 2, 9, 27, 31, 32, 50 & 51 of the Wild Life Conservation Act, 1972. Counsel further submits that the application for seeking the custody of the aforesaid vehicle was dismissed by the Chief Judicial Magistrate, Bharatpur vide order dated 07.11.2024 against which he preferred revision petition before the Learned District & Sessions Judge, Bharatpur and the same was allowed [2025:RJ-JP:3693] (2 of 2) [CRLMP-440/2025] vide order dated 21.12.2024. Counsel also submits that the Revisional Court ordered for custody of the vehcile of the petitioner, however, imposed the condition of submitting bank guarantee of Rs. 1,00,000/- and supurdaginama of the same amount. Counsel further submits that the petitioner is a poor person and he is not in a position to submit the bank guarantee of Rs. 1,00,000/- and if the vehicle is not released to him without the bank guarantee, the said vehicle will be destroyed and will lie in the police station. 3. On consideration of the submissions made by learned counsel for the petitioner as well as the learned Public Prosecutor who opposed the prayer made by counsel for the petitioner and on scrutiny of the order dated 21.12.2024, this Court in exercise of inherent jurisdiction vested under Section 528 of BNSS and to meet the ends of justice deems just and proper to delete the condition of depositing bank guarantee as ordered by the Revisional Court. 4. The order dated 21.12.2024 passed by the Additional Sessions Judge No.4, Bharatpur is modified to the extent that the condition of submitting bank guarantee is deleted. The vehicle motorcycle Bullet bearing registration No. HR-51-CP-5184 may be released to the petitioner on fulfilling of all other terms and conditions except the condition of submitting bank guarantee. 5. Accordingly, the misc. petition stands disposed of. (GANESH RAM MEENA),J DIVYA SAINI /224