Neutral Citation No. - 2025:AHC:115778 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 24011 of 2025 Applicant :- Savita Singh, Manager, Rajendra Bahadur Sikshan Sanathan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Yadav 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 set aside the order dated 20.03.2025 passed by Additional Civil Judge (Junior Division) / Judicial Magistrate, Chakiya, Chandauli, specially condition no. 1, by means of which Rs. 10,00,000/- bank security was directed to be deposited for release of vehicle no. UP65 AL 1833 in Misc. Case No. 51 of 2025, (State v. Brijesh & Others), arising out of Case Crime No. 85 of 2024, u/s 281, 125(B) BNS, Police Station Baburi, District Chandauli, pending in the court of Additional Civil Judge (Junior Division) / Judicial Magistrate, Chakiya Chandauli, otherwise applicant shall suffer irreparable loss and injury. It is further prayed that this Hon'ble Court may be pleased to direct the authorities to release the vehicle no. UP65 AL 1833 in favour of applicant's institution in accordance with law, during the pendency of present application under section 528 BNSS before this Hon'ble court, otherwise applicant shall suffer irreparable loss and injury." 3. Learned counsel for the applicant has argued that the opposite party No. 2 / informant has lodged an first information report against Manager of Rajendra Bahadur Sikshan Sansthan, as well as against driver of the offending vehicle for the offence under Sections 281, 125(b) BNS. The applicant being Manager of the said institution has filed an application for release of the vehicle No. UP65 AL 1833, which was taken into possession in the said case. The release application was allowed by learned Magistrate vide order dated 20.03.2025 subject to condition that applicant shall submit a bank security of Rs. 10 lacs. Learned counsel submitted that the condition of submission of bank guarantee of Rs. 10 lacs is arbitrary, particularly when it was also directed that applicant shall submit a personal bond of Rs. 3 lacs and one surety in equal amount. It was submitted that the condition imposed by learned Magistrate is liable to be quashed. 4. Learned A.G.A. has opposed the application and argued that there is no illegality or perversity in the impugned order. 5. I have considered the submissions and perused the record. 6. Perusal of record shows that in the aforesaid case the vehicle of applicant was released subject to five conditions and one of the condition is that applicant / vehicle owner shall submit a bank guarantee of Rs. 10 lacs. Besides that learned Magistrate has also directed the said vehicle shall be released subject to furnishing a personal bond of Rs. 3 lacs and one surety in the like amount. 7. Considering facts of the matter, the condition of furnishing bank guarantee of Rs. 10 lacs appears arbitrary and the same is not sustainable. Accordingly, the condition No. 1 regarding submission of bank guarantee of Rs. 10 lacs in the impugned order dated 20.03.2025 is hereby quashed. The other conditions imposed by learned Magistrate in the impugned order dated 20.03.2025 shall remain effective and operative. 8. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 17.7.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad