HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31238 of 2025 Court No. - 77 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 of order dated 24.08.2022 passed by District Magistrate, Deoria in Case No.00359 of 2021, Computerized Case No.D2021052000000359 (State Vs. Santosh Kumar Nigam), arising out of Case Crime No.23/2021, under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, P.S. Mile, District Deoria and further direct the concerned authority to release the vehicle of applicant bearing Registration No.UP 44 T 5829 (Truck) in his favour. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case and he has also been granted bail. Relevant documents have also been brought on record, which shows that the applicant is owner of vehicle in question, bearing registration No. UP 44 T 5829 (Truck) 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 Versus Counsel for Applicant(s) : Krishna Deep Singh Counsel for Opposite Party(s) : G.A. Santosh Kumar Nigam .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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 vehicles in question. 5. On the other hand, leaned A.G.A. has submitted that since vehicle in question was related to the applicant, who has been implicated in pursuance to sections of Cow Slaughter Act, the competent authorities while rejecting the release application, have not committed any illegality and as such, impugned orders do 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 through which 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 application is allowed. Impugned order dated 24.08.2022 passed by District Magistrate, Deoria in Case No.00359 of 2021, Computerized Case No.D2021052000000359 (State Vs. Santosh Kumar Nigam), arising out of Case Crime No.23/2021, under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, P.S. Mile, District Deoria, is hereby set-aside. The authority concerned is hereby directed to release the vehicle bearing registration No. UP 44 T 5829 (Truck) in favour of its registered owner, i.e., applicant upon furnishing surety upto the satisfaction of authority 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. (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. October 6, 2025 Vivek Kr. NA528 No. 31238 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad