Neutral Citation No. - 2025:AHC:121501 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 20450 of 2025 Applicant :- Pt Akhilesh Dwivedi Opposite Party :- State of U.P. Counsel for Applicant :- Brajesh Kumar Chaturvedi,Yasharth Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed seeking following relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to quash the impugned order dated 01/04/2025 passed by Additional Chief Judicial Magistrate, Court no. 16, Prayagraj in case crime no. 05/2025, under Section 305(D), 317(2) B.N.S., Police Station Dhoomanganj, Prayagraj to the extent the trial court has directed the applicant to give two sureties of the sum of Rs 5,000/- in the court for the release of gift box of the temple 'Maa Kali Mandir' Nehru Park Colony, Bhola ka Pura, Prayagraj and further direct the concerned court to accept the personal bond of the applicant and he may not be compelled to furnish the two sureties of the sum of Rs 5,000/- each forthwith." 3. Learned counsel for the applicant has argued that the matter pertains to theft of donation box from the temple, where applicant is working as Priest. The said donation box along with an amount of Rs. 210 was recovered from the accused persons. Applicant has filed an application to release the said donation box and amount, which was allowed by learned A.C.J.M., Court No. 16 Prayagraj vide impugned order dated 01.04.2025, subject to condition that applicant shall furnish a personal bond of Rs. 5,000/- and two sureties of like amount. Learned counsel submitted that applicant is a Priest and he is permanent resident of another district and he is unable to arrange two sureties. It was submitted that the condition of submission of two sureties may be dispensed with so that the donation box may be released and kept in the temple. 4. Considering facts of the matter, it is directed that the aforesaid donation box along with aforesaid amount shall be released in favour of the applicant subject to furnishing a personal bond of Rs. 10,000/-. The condition of submission of two sureties in the impugned order is hereby dispensed with. However, the remaining conditions imposed by the trial court shall remain effective and operative. The impugned order dated 01.04.2025 stand altered to this extent. 5. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 23.7.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad