Indrajeet Yadav Vs State of U.P. and 3 Others

The instant application has been preferred for challenging the impugned order dated 05.08.2024 passed by District Magistrate, Deoria in Case No.951 of 2024 (State of U.P. vs. Indrajeet Yadav) under section 5ka of U.P. Prevention of Cow Slaughter Act, 1955 as well as order dated 30.04.2025 passed by Commissioner, Gorakhpur Division, Gorakhpur in Revision/Case no.1454 of 2024 (Indrajeet vs. State of U.P.) under section 5ka(8) of U.P. Prevention of Cow Slaughter Act, 1955. Further prayer has been made for issuance of direction to the concerned authority to release the vehicle in question (Truck) having Registration No.UP-45-T-2414 in favour of the applicant, confiscated in Case Crime No.88 of 2024, P.S. Barahaj, DistrictDeoria.

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Learned counsel for the applicant submitted that the applicant was not implicated in this case in any manner and he has no knowledge about the fact that the act committed through his vehicle is illegal. It is further submitted that the applicant is owner of vehicle in question bearing Registration No.UP-45-T-2414 and the same is proved through relevant documents annexed as Annexure No.4 to the affidavit and he is ready to pay the surety in respect of vehicle in question and as such no useful purpose shall be served by way of keeping the vehicle in question at police station concerned.

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Referring to aforesaid facts as well as contents of F.I.R. as also the impugned orders passed on the release application moved by the applicant, it

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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 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 vehicle in question.

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On the other hand, leaned A.G.A. submitted that since vehicle in question was related to the applicant, which was related to the illegal activity, hence impugned orders do not suffer from any infirmity or illegality warranting interference by this Court.

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I have considered the rival submissions made by learned counsel for the parties and have gone through the entire record carefully, wherein it is crystal clear the applicant was not implicated in the instant matter and he is ready to pay the surety in respect of vehicle in question and the vehicle in question is still kept at police station concerned.

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Accordingly, the present petition is allowed . Impugned order dated 05.08.2024 passed by District Magistrate, Deoria in Case No.951 of 2024 (State of U.P. vs. Indrajeet Yadav) under section 5ka of U.P. Prevention of Cow Slaughter Act, 1955 as well as order dated 30.04.2025 passed by Commissioner, Gorakhpur Division, Gorakhpur in Revision/Case no.1454 of 2024 (Indrajeet vs. State of U.P.) under section 5ka(8) of U.P. Prevention of Cow Slaughter Act, 1955, are hereby set-aside . The authority concerned is hereby directed to release the vehicle in shape of Truck bearing registration No.UP-45-T-2414 in favour of its registered owner, i.e., applicant upon furnishing surety of Rs.5 lakhs, subject to following terms and conditions as mentioned below :-

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(i) The applicant shall produce the vehicle in question as and when the learned concerned court will require during trial of aforementioned case crime number.

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(ii) The applicant shall not put for sale the vehicle in question by transferring the same to any third party.

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(iii) The applicant shall also not change the nature and color of the vehicle in question in any manner during pendency of said case crime number.

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September 4, 2025 Saif

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(Saurabh Srivastava,J.)