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Shailendra Singh v. State Of U.P. & Another - CRIMINAL MISC. WRIT PETITION No. 11775 of 2005  RD-AH 10819 (3 July 2006)
Crl. Misc. Writ Petition No.11775 of 2005.
Sailendra Singh --------- Petitioner.
State of U.P and others ---- Opp. Parties
Heard Sri Kamal Kumar Tiwari, learned counsel for the petitioner and learned A.G.A.
According to the allegation, the vehicle was involved in the commission of offence. The vehicle Hero Honda motorcycle No. UP.53-J-1024 was said to be used in the commission of offence. The petitioner applied for release of the said vehicle which was refused by the trial court and its revision was also dismissed. The registration certificate shows that Sailendra Singh is the registered owner of the aforesaid vehicle. The conclusion of the trial may take a considerable long time and if the vehicle is permitted to be detained at the police station, it may damage and its efficiency may deteriorate, hence there would be no harm if it is given for the interim custody of the petitioner.
Consequently, the writ petition is allowed. The order dated 30.4.2005 and order dated 12.9.2005 passed by Chief Judicial Magistrate, Gorakhpur and Sessions Judge, court No.1, Gorakhpur (Annexures 3 and 4 respectively to the writ petition) are hereby set aside. The vehicle Hero Honda motorcycle No. UP.53-J-1024 may be released in the custody of petitioner Sailendra Singh on his furnishing a personal bond for rupees ten thousand with two sureties each in the like amount to the satisfaction of the Magistrate concerned. The petitioner has also undertaken that the vehicle will not use in the commission of any offence in future and shall produce before the court or any authority whenever so requires.
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