Partly allowed¶16

Akhilendra Pratap Singh v. State of U.P. and 2 Others

Allahabad HC4 Mar 2025A227/2124/2025

Case brief

AI extract

What is this about?

Allahabad High Court 2025 Article 227 petition; release of recovered/seized motor vehicle (Bolero, registration UP63J5557); Case Crime no. 203/24 under Section 379/411; reduction of personal bond from Rs. 8,00,000/- to Rs. 2 lakh; vehicle present valuation Rs.80,000/-; Special Chief Judicial Magistrate Prayagraj order dated 14.8.2024; revision no. 520 of 2024 dismissed by Sessions Judge Prayagraj on 27.1.2025; FIR dated 23.05.2024 Police Station Kolonelganj/Colonelganj; petition partly allowed; Saurabh Srivastava, J.

What did the court decide?

Condition no. 1 of the order dated 14.8.2024 modified: petitioner to deposit Rs. 2 lakh as personal bond before the court concerned for release of his vehicle; rest of the order remains unchanged. ¶16

Akhilendra Pratap Singh vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Condition no. 1 of the order dated 14.8.2024 modified: petitioner to deposit Rs. 2 lakh as personal bond before the court concerned for release of his vehicle; rest of the order remains unchanged.

¶16

Issue for consideration

Whether the condition of personal bond of Rs. 8 lakh imposed by the trial court for release of the petitioner's recovered vehicle was unsustainable, given the contended present valuation of the vehicle at Rs. 80,000/-.

¶13

Court's answer

Without interfering into the merits of the matter, condition no. 1 of the order dated 14.8.2024 passed by the Special Chief Judicial Magistrate, Prayagraj in Case Crime no. 203 of 2024 (State vs. Unknown) was modified to the extent that the petitioner shall deposit Rs. 2 lakh as personal bond before the court concerned for release of his vehicle; the rest of the order shall remain the same.

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Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Saurabh Srivastava, J.; Neutral Citation 2025:AHC:31986), Matters Under Article 227 No. 2124 of 2025, order dated 4.3.2025 — Petition for release of petitioner's Bolero vehicle (Regn. No. UP63J5557), subject-matter of Case Crime no. 203/24 under Section 379/411, which had gone missing from petitioner's garage (FIR dated 23.05.2024, Police Station Kolonelganj, Prayagraj) and was thereafter recovered and kept at Police Station Colonelganj, Prayagraj. By order dated 14.8.2024 the Special Chief Judicial Magistrate, Prayagraj allowed release on a personal bond of Rs.8,00,000/-; revision no. 520 of 2024 challenging the bond was dismissed by the Sessions Judge, Prayagraj vide order dated 27.1.2025. Counsel contended the bond bore no relation to the vehicle's present valuation of Rs.80,000/-. Without interfering into the merits, the High Court modified condition no. 1 of the order dated 14.8.2024 to require deposit of Rs. 2 lakh as personal bond for release of the vehicle, leaving the rest of the order intact; the petition stood partly allowed.

¶1

Neutral Citation No. - 2025:AHC:31986

¶2

Court No. - 79

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Case :- MATTERS UNDER ARTICLE 227 No. - 2124 of 2025

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Petitioner :- Akhilendra Pratap Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Upadhyay Counsel for Respondent :- G.A.

¶5

Hon'ble Saurabh Srivastava,J.

¶6

Heard learned counsel for the parties.

¶7

Present petition has been preferred with the following prayers:-

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"1) Issue suitable, order or direction setting aside the impugned order dated 14.8.2024 passed by the Special Chief Judicial Magistrate, Prayagraj so far as it relates to the imposition of condition of personal bond of Rs. 8 lakh and the impugned revisional order dated 27.1.2025 passed by the Sessions Judge, Prayagraj (Annexure no. 1 & 2 to this petition).

¶9

2) Issue suitable, order or direction commanding/ directing the Station House Officer- respondent no. 2 to release the vehicle of the petitioner bearing registration no. UP63J5557 Bolero subject matter of Case Crime no. 203/24, under Section 379/411 forthwith admitting the personal bond specified by this court."

¶10

Brief facts of the case is that vehicle of the petitioner bearing registration no. UP63J5557 Bolero was parked in his garage in the night of 20.05.2024, but it was found missing in the morning of 21.5.2024. In this regard, petitioner has lodged FIR in Police Station Kolonelganj, Prayagraj on dated 23.05.2024. Later on, it came in the knowledge of the petitioner that vehicle of the petitioner bearing registration no. UP63J5557 has been recovered and parked in Police Station Colonelganj, Prayagraj.

¶11

Petitioner moved an application before learned Special Chief Judicial Magistrate, Prayagraj for getting release of the vehicle in his favour. Learned trial court vide order dated 14.8.2024 allowed the application of the petitioner and directed the Station Officer of Police Station Colonelganj to release the vehicle of the petitioner on the condition of submitting personal bond of Rs.8,00,000/-. Being aggrieved with the order dated 14.8.2024, so far as it relates to the imposition of excessive amount of personal bond, petitioner has preferred revision no. 520 of 2024 before learned Sessions

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Judge, Prayagraj, who vide order dated 27.1.2025 dismissed the revision which has been challenged through the instant petition.

¶13

Learned counsel for the petitioner challenged the impugned orders on several other grounds inter alia on the ground that the present valuation of the vehicle is Rs.80,000/- but learned trial court has imposed personal bond of Rs. 8 lakh which is not sustainable in the eye of law hence the orders impugned are liable to be set aside.

¶14

Per contra, learned AGA vehemently opposed the prayer sought through the instant petition and supported the orders impugned.

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Be that as it may, without interfering into the merits of the matters, condition no. 1 mentioned in order dated 14.8.2024 passed by the learned Special Chief Judicial Magistrate, Prayagraj in Case Crime no. 203 of 2024 (State vs. Unknown) is hereby modified to the extent that petitioner shall deposit Rs. 2 lakh as personal bond before the court concerned for release of his vehicle. Rest of the order shall remain the same.

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The instant petition stands partly allowed accordingly.

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Order Date :- 4.3.2025 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Akhilendra Pratap Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Akhilendra Pratap Singh v. State of U.P. and 2 Others

Case brief

What is this about?

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What the court decided

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