Court No. - 49
Case :- APPLICATION U/S 482 No. - 29196 of 2018 Applicant :- Heera Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 03.07.2018 passed by the learned Incharge Addl. Sessions Judge, Court No. 7, Aligarh in Case Crime No. 319 of 2018, under Section 18/22 of N.D.P.S. Act, Police Station- Khair, District- Aligarh.
Learned counsel for the applicant submits that that on the one hand, the applicant has been apprehended on the allegation of possession of 180 gms of diazepam and on the other hand, it is submitted that he has been in confinement since 20.5.2018, despite the bail order having been passed on 03.07.2018. He has not been released till date on account of heavy surety of Rs. 1.5 lakh imposed in that bail order that could be deposited.
In such facts, it is stated that liberty of the applicant remains curtailed for reason of his financial inability to provide for such high surety.
In the entirety of the facts and circumstances of the case, the present application is allowed. The order dated 03.07.2018 stands modified to the extent that the personal surety amount be reduced to Rs. 25,000/- and two sureties of equal amount be furnished by the applicant to the satisfaction of the court concerned.
Order Date :- 24.8.2018 Abhilash