Neutral Citation No. - 2025:AHC:79336 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 16774 of 2025 Applicant :- Ravi Prakash Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Giri,Brajesh Kumar Singh 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 with prayer to quash the order dated 01.07.2024 passed by learned Judicial Magistrate-III, District Gorakhpur in Case Crime no. 7 of 2024 under section 3/5A/8 of Cow Slaughter Act and Section 11 Animal Cruelty Act, PS- Campierganj, District Gorakhpur whereby vehicle release application of applicant has been rejected. Further prayer has been made to release the vehicle no. UP56A3928 of the applicant which is seized by the concerned police in Case Crime no. 7 of 2024. 3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in this case and he has already been exonerated at the time of preferring charge sheet meaning thereby there is hardly any offence under which the applicant has been implicated in Case Crime no. 7 of 2024 wherein the vehicle of the applicant rest with the concerned Police Station as submitted by learned AGA through instructions. 4. It is further submitted that relevant documents has been brought on record, which shows that the applicant is owner of vehicle in question bearing No.UP56A3928 and no useful purpose shall be served by way of keeping the vehicle in question at police station concerned. 5. Referring to aforesaid facts as well as contents of F.I.R. as also the impugned order dated 01.07.2024 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. 6. On the other hand, leaned A.G.A. submitted that vehicle of the applicant rest with the concerned Police Station. 7. It is also submitted by learned counsel for applicant that learned Magistrate before passing impugned order dated 01.07.2024 called report from concerned police station whereupon, concerned police has submitted in their report dated 28.06.2024 that no any seizure procedure has been adopted regarding the aforesaid vehicle in question. On the basis of instructions received, learned counsel for applicant also submitted that his client is ready to furnish the surety to the satisfaction of learned court concerned at the time of seeking release of vehicle in his favour and will be abide by the terms and conditions whatsoever has been fixed by this Court also. 8. Considering the facts and circumstances raised by learned counsel for the parties and in the light of strict provisions contained under sections 5A(8) of U.P. Prevention of Cow Slaughter Act, 1955 and the applicant being the owner of vehicle is ready to furnish the surety up to the satisfaction of learned court concerned, the impugned order 01.07.2024 passed by learned Judicial Magistrate- III, District Gorakhpur is hereby set-aside. 9. The instant application stands allowed accordingly. 10. Learned Judicial Magistrate-III, District Gorakhpur/court concerned is hereby directed to release the vehicle no. UP56A3928 in favour of applicant upon furnishing surety up to the satisfaction of learned court concerned and the release of vehicle shall be strictly governed in the terms and conditions as mentioned herein below:- (i) The applicant shall produce the vehicle in question bearing No.UP56A3928 as and when the learned concerned court will require during trial of aforementioned case crime number. (ii) The applicant will 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 :- 14.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad