Neutral Citation No. - 2025:AHC:131372 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 14558 of 2025 Applicant :- Pushpraj Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application has been preferred for challenging the impugned order dated 05.02.2025 passed by learned Session Judge, Chandauli in Criminal Revision No.138 of 2024 (Pushpraj vs. State of U.P.) as well as order dated 07.09.2024 passed by District Magistrate, Chandauli in Case No.528 of 2024 (State Vs. Pushpraj Singh) under section 5(A)7 of U.P. Prevention of Cow Slaughter Act, 1955 arising out of Case Crime No.12 of 2024 related to P.S. Chandauli, District- Chandauli. Further prayer has been made for issuance of direction to the concerned authority/opposite party no.2 to release the vehicle (Truck) having Registration No.MP-17-HH-2778 in favour of the applicant. 3. 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, whereas in the instant matter, he has already been granted anticipatory bail vide order dated 05.07.2024 passed in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.6163 of 2024. It is further submitted that the applicant is owner of vehicle in question bearing No.MP-17-HH-2778 and the same is proved through impugned orders annexed and no useful purpose shall be served by way of keeping the vehicle in question at police station concerned. 4. 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 its value and ultimately the vehicle may become junk. Placing reliance on the decision of Hon'ble the Apex Court in Sunderbhai Ambalal Desai Vs. 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. 5. 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 to sections of U.P. Prevention of Cow Slaughter Act, 1955, the competent authorities while rejecting the release application have not committed any illegality. Impugned orders do not suffer from any infirmity or illegality warranting interference by this Court. 6. 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 already been granted anticipatory bail in the instant matter and the vehicle in question is still kept at police station concerned. 7. Accordingly, the present petition is allowed. Impugned order dated 05.02.2025 passed by learned Session Judge, Chandauli in Criminal Revision No.138 of 2024 (Pushpraj vs. State of U.P.) as well as order dated 07.09.2024 passed by District Magistrate, Chandauli in Case No.528 of 2024 (State Vs. Pushpraj Singh) under section 5(A)7 of U.P. Prevention of Cow Slaughter Act, 1955 arising out of Case Crime No.12 of 2024 related to P.S. Chandauli, District- Chandauli, are hereby set-aside. The authority concerned is hereby directed to release the vehicle in shape of Truck car bearing registration No. MP-17-HH-2778 in favour of its 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 color of the vehicle in question in any manner during pendency of said case crime number. Order Date :- 5.8.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad