Allahabad High Court
NIKHILESH KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The vehicle shall be released on a bond of Rs.8,00,000 without any surety.
Summary
Petitioner Nikhilesh Kumar, owner of a motor vehicle seized in Criminal Case No. 214 of 2025, filed a petition under Article 227 seeking to set aside the order of the Additional Chief Judicial Magistrate that released the vehicle subject to a personal bond of Rs.8,00,000 and additional sureties. He contended that the bond amount of Rs.16,00,000 and the requirement of sureties were excessive given the vehicle's value of Rs.6,00,000. The respondent State of U.P. raised no objection. The High Court, exercising its inherent powers, modified the impugned order, directing that the vehicle be released on a bond of Rs.8,00,000 alone, with no surety required, while leaving the remaining conditions unchanged. The petition was thereafter disposed.
Issues considered
- Whether the bond amount of Rs.16,00,000 imposed for the release of the seized vehicle is excessive.
- Whether the requirement of sureties can be dispensed with in the circumstances.
- Whether the High Court can modify the order of the Additional Chief Judicial Magistrate under its inherent jurisdiction.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125(a), 125(b), 281, 324(4)
Subjects
- motor vehicle seizure
- bond
- surety
- modification of order
- inherent jurisdiction
- criminal procedure
Judgment
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
.....Respondent(s)
Counsel for Petitioner(s) : Yadvesh Yadav
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for petitioner and learned AGA for the State.
2. 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."
3. 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
4. Learned AGA has no objection.
5. 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.
6. 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
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