JUDGMENT : Manoj Kumar Garg, J. 1. The instant misc. petition has been filed against the order dated 20.08.2020 passed by the learned Additional Chief Judicial Magistrate, Nokha, Distt. Bikaner in Criminal Application No. 159/2020, by which, the learned trial court allowed the application filed by the petitioner under Section 459 Cr.P.C. and released the car Maruti Swift bearing Reg. No. RJ 44 CA 0029 in favour of the petitioner-Company but imposed a condition to deposit Bank Guarantee of rupees six lac. 2. Learned counsel for the petitioner submits that the cost of the vehicle in question is only rupees three lac so the condition of asking petitioner-Company for furnishing bank guarantee of rupees six lac is quite onerous and unjustified. He prays that the condition No. 3 may be waived. 3. Learned Public Prosecutor opposed the prayer made by the learned counsel for the petitioner. 4. I have considered the submissions advanced by learned counsel for the parties and gone through material available on record. 5. Keeping in view the facts and circumstances of the case, this Court is of the opinion that the condition of bank guarantee imposed by the trial court while releasing the vehicle in question is harsh one and deserves to be set aside. 6. Accordingly, the order dated 20.08.2020 is hereby set aside to the extent of imposing condition of bank guarantee and it is ordered that the vehicle in question i.e. Maruti Swift bearing Reg. No. RJ 44 CA 0029 Engine No. D13A2009405 and Chassis No. MA3FSEB1S00449544 may be released to the petitioner-Company subject to its furnishing undertaking in the sum of rupees three lac. The criminal misc. petition is allowed in the above terms.