Neutral Citation No. - 2025:AHC:82760 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 17470 of 2025 Applicant :- Kushmendra Kumar Alias Bhura Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred for quashing judgement and order dated 08.04.2025 passed by District Magistrate, Bareilly in Case No.140 of 2025 (State vs. Kushmendra @ Bhura) under section 72 of U.P. Excise Act, 1910 arising out of Case Crime No.473 of 2024, P.S. Subhashnagar, District- Bareilly. Further prayer has been made to direct the authorities concerned/opposite party no.2 to release the two wheeler vehicle bearing registration No. UP-25-CK-6427 in favour of 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 extended bail by co- ordinate Bench of this Court. It is further submitted that relevant documents has been brought on record, which shows that the applicant is owner of vehicle in question, i.e., Splendor bike bearing registration No. UP-25-CK-6427 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. Excise Act, the competent authorities while rejecting the release application have not committed any illegality. Impugned order does 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 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 08.04.2025 passed by District Magistrate, Bareilly in Case No.140 of 2025 (State vs. Kushmendra @ Bhura) under section 72 of U.P. Excise Act, 1910 arising out of Case Crime No.473 of 2024, P.S. Subhashnagar, District- Bareilly, is hereby set-aside. The authority concerned is hereby directed to release the vehicle in shape of Splendor bike bearing registration No. UP-25-CK-6427 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 :- 17.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad