Nikhilesh Kumar Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2026)

Nikhilesh Kumar Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of by modifying the impugned order dated 24.9.2025: motor vehicle to be released in favour of the petitioner on furnishing a bond of Rs.8,00,000/- only, with no surety required; rest of the conditions of the said order to remain unchanged.

Issue for consideration

Whether the conditions imposed by the order dated 24.9.2025 for release of the petitioner's motor vehicle (personal bond of Rs.8,00,000/- plus sureties) should be reduced/modified, with sureties permitted from a family member of the petitioner.

Court's answer

The impugned order dated 24.9.2025 passed by the Additional Chief Judicial Magistrate, Court No.13, Azamgarh is modified: the motor vehicle is to be released in favour of the petitioner as directed by that order, subject to the modification that only a bond of Rs.8,00,000/- shall be submitted by the petitioner; the rest of the conditions shall remain the same and no surety is required.

Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J.) disposed of a petition under Article 227 challenging the bond/surety conditions imposed for release of the petitioner's motor vehicle seized in Case Crime No. 214 of 2025 under Sections 281, 125(a), 125(b) and 324(4) of the B.N.S., Police Station Kaptanjganj, District Azamgarh. By order dated 24.9.2025 the Additional Chief Judicial Magistrate, Court No.13, Azamgarh had directed release of the vehicle on a personal bond of Rs.8,00,000/- with sureties (the matter having also travelled through Criminal Revision No.1539 of 2025, decided on 8.10.2025 by the District and Session Judge, Azamgarh). Counsel for the petitioner, who was stated to be the owner, submitted that the vehicle's total cost was Rs.6,00,000/- and that the petitioner was ready to furnish a personal bond of Rs.8,00,000/-; learned AGA had no objection. The Court modified the order dated 24.9.2025, directing release of the vehicle on a bond of Rs.8,00,000/- only, with no surety required, the remaining conditions standing unchanged.

HIGH COURT OF JUDICATURE AT ALLAHABAD

MATTERS UNDER ARTICLE 227 No. - 4341 of 2026

Nikhilesh Kumar

.....Petitioner(s)

Versus

State of U.P. and Another	.....Respo
Counsel for Petitioner(s)	: Yadvesh Yadav
Counsel for Respondent(s)	: G.A.

.....Respondent(s)

Court No. - 73

HON'BLE VIKRAM D. CHAUHAN, J.

Heard learned counsel for petitioner and learned AGA for the State.

The petition is filed with the following prayer:

"a) to set aside the impinged judgment and order dated 24.9.2025 passed by Additional Chief Judicial Magistrate Court No.13, Azamgarh in Case Crime No. 214 of 2025 under section under section 281, 125(a), 125(b), 324(4) of B.N.S. Police Station Kaptanjganj, District Azamgarh as well as order dated 8.10.2025 passed by District and Session Judge, Azamgarh in Criminal Revision No.1539 of 2025 (Nikhilesh Kumar Vs. State).

b) to reduce the amount of sureties passed by Additional Chief Judicial Magistrate Court No.13, Azamgarh and direct the court concerned to accept the sureties from other family member of Petitioner."

It is submitted by learned counsel for petitioner that release of the motor vehicle, which is subject matter of Case Crime No.214 of 2025 was sought by the petitioner, who is owner of the vehicle in question. Although by order dated 24.9.2025 vehicle was directed to be released in favour of petitioner, however, condition was imposed that personal bond of Rs.8,00,000/- and the sureties will be submitted. Learned counsel for petitioner submits that vehicle in question is having total cost of Rs.6,00,000/- and a bond of Rs.16,00,000/- has been directed to be deposited. Learned counsel for petitioner submits that petitioner is ready to give personal bond of Rs.8,00,000/-.

A227 No. 4341 of 2026

2

Learned AGA has no objection.

Accordingly, the impugned order dated 24.9.2025 passed by Additional Chief Judicial Magistrate, Court No.13, Azamgarh is hereby modified and it is directed that motor vehicle be released in favour of petitioner as directed by order dated 24.9.2025 subject to modification that only a bond of Rs.8,00,000/- shall be submitted by petitioner and rest of the condition shall remain same. No surety is required.

With the aforesaid observation/direction, the petition stands disposed of.

(Vikram D. Chauhan,J.)

May 6, 2026

D. Tamang

Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad