Neutral Citation No. - 2025:AHC:89405 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18808 of 2025 Applicant :- Mohammad Saquib @ Babbu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Joshi,Usha 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. This application under section 528 BNSS has been preferred to quash the condition no. 3 of the order dated 04.09.2024 passed by learned Sessions Judge, Chandauli in Misc. Application No. 251 of 2024 (State vs. Mohammad Saquib @ Babbu), whereby the learned Sessions Judge, Chandauli has fixed Rs. 5 lakh for personal bond and surety against the released of vehicle of the applicant bearing registration no. UP 21 CN-4327, implicated in the case crime no. 54 of 2023, Police Station Alinagar, District Chandauli, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to the Animals Act, 1960 and released the vehicle bearing registration no. UP 21 CN-4327 in favour of the applicant. 4. It is submitted by learned counsel for the applicant that applicant is the owner of vehicle bearing registration no. UP 21 CN-4327 and no offence has been committed by him. It is further stated that at the time of checking, false recovery of animals has been shown from his vehicle. It is also submitted by learned counsel for the applicant that the District Magistrate has illegal manner passed the order dated 23.11.2023 and confiscated the vehicle. Being aggrieved with the same, the applicant has challenged the legality, correctness and proprietary of the order dated 23.11.2023, but the learned Sessions Judge, without considering the same has dismissed the revision preferred by the applicant vide order dated 25.04.2024. Being aggrieved with both the orders, the applicant has filed criminal misc. application U/s 482 No. 20768 of 2024 in which this Hon'ble Court vide order dated 31.07.2024 has allowed the same and directed the authority concerned to release the vehicle in favour of the applicant, after imposing suitable conditions as deem fit by the concerned court but learned Sessions Judge without considering the fact that the trial is still pending and the applicant is the actual owner of the vehicle has fixed Rs. 5 lakh as personal bond for release of the vehicle in question vide its order dated 04.09.2024. It is further submitted by learned counsel for the applicant that the applicant is poor person and in order to generate his income, he has purchased the truck bearing registration no. UP 21 CN-4327 and attached it with local transporter. It is further stated that the said vehicle in question is kept standing at police station since 20.02.2023 and the applicant does not have enough source of income to fulfil Rs. 5 lakh as personal bond and as such the order dated 04.09.2024 is wholly illegal, arbitrary, unjust, unreasonable and the same is liable to be quashed. 5. Per contra, learned AGA vehemently opposed the prayer made through the instant petition and rebutted the stand taken up by learned counsel for petitioners. 6. After having the rival contentions raised by learned counsel for parties, the condition no. 3 of the order dated 04.09.2024 passed by learned Sessions Judge, Chandauli in Misc. Application No. 251 of 2024 (State vs. Mohammad Saquib @ Babbu), whereby the learned Sessions Judge, Chandauli has fixed Rs. 5 lakh for personal bond and surety against the released of vehicle of the applicant bearing registration no. UP 21 CN-4327 is modified to the extent of Rs. 4 lakh only for personal bond and surety against the released of vehicle in question of the applicant. 7. In view of the above, the instant application stands partly allowed. Order Date :- 26.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad