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Court could not deny freedom to a person simply because he is impoverished: Uttarakhand High Court

Court could not deny freedom to a person simply because he is impoverished is upheld by the Uttarakhand High Court in the case of Ajeet Pal v. State of Uttarakhand through Justice Ravindra Maithani.

FACTS OF THE CASE

In the instant case, the petitioner, who was detained by the court pursuant to Sections 8 and 20 of the 1985 Narcotics Drugs and Psychotropic Substances Act, had appealed the Special Court Dehradun’s decision to deny his motion to lessen the required sureties.

This Court increased the applicant’s bail, but he was unable to regain his freedom since he was unable to secure sureties. V.K. Gemini, the D.A.G. for the State, had claimed that the petitioner was a native of Uttar Pradesh and that a commercial amount of charas was found on him. If he was granted bail, he might not show up. However, following court orders, he was granted bail and required to provide sureties by the relevant court. As it turned out, he was unable to manage the sureties, so he filed an application from jail asking for the court to reduce the amount of sureties, but this request was denied by the court in question. Therefore, the present application was submitted.

JUDGEMENT

The Uttarakhand High Court while dismissing the application and lowering the sum of the sureties observed that they could not deny freedom to a person simply because he is impoverished.

Accordingly, the Court granted the request to lower the number of sureties required for bail.

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JUDGEMENT REVIEWED BY NISHTHA GARHWAL

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