S. I. JAFRI, J. ( 1 ) HEARD the learned counsel for the applicant Sri M. Islam Advocate as well as the learned counsel for Union of India Air S. P. Malviya. ( 2 ) TO summarise, the applicant Mohd. Tariq was wanted in case under S. 135 of the Customs Act triable by a Special Court presided over by the Chief Judicial Magistrate at Allahabad. Consequently a prayer for bail was made on behalf of the applicant in the court of Special Chief Judicial Magistrate, Allahabad chiefly contending that the applicant was minor and he was entitled to bail, besides pressing other points. The learned Special Chief Judicial Magistrate after satisfying himself upon perusal of the medical report as was sought by the learned Magistrate and other dominates filed in support of the contention, that the applicant was a minor, admitted him to bail subjecting his release on bail to his furnishing two local sureties in a sum of Rs. 50,000/- each and further with a rider that the applicant shall not leave the city of Varanasi during the period of bail without prior permission of the court. ( 3 ) THE learned counsel for the applicant contended that the applicant being minor was granted bail by the court below and the amount of Rs. 50,000/- of two surety bonds each as fixed by the court below is atrocious and too excessive and that a further rider that applicant shall not leave the city of Varanasi on his being released during she period of bail without prior permission of the Court Below virtually borders on a denial of what he had been found entitled to by the court below. It is also submitted by the learned counsel that the applicant belongs to Delhi and he is in no way connected to the City of Varanasi and he has also got no relations to live with and that it would be too harsh for the applicant, being minor, to leave him in the City like Varanasi to fend for himself uncared for. ( 4 ) I have weighed the pros and cons of the matter in its entirety and I am of the view that the amount fixed as surety bonds being too excessive, tends to defeat the very order of granting bail to the applicant and further a rider that the applicant shall not leave the city of Varanasi also errs on severity (uprooting ?) him from his home town and the rest of the country. The expediency of the interest of justice warranted that the court below should have extracted an undertaking from the father or guardian of the applicant to produce the applicant as and when he was wanted by the Investigating Agency at Varanasi failing which he was due to be proceeded against in accordance with law and to transcend these limitations would be to subject the applicant to harassment which the law prohibits to venture in. ( 5 ) UNDER the circumstances, the amount of surety bonds fixed by the Special Chief Judicial Magistrate, Allahabad at Rupees 50,000/- each, is reduced to Rs. 10,000/- (two sureties of Rs. 10,000/- each) and the rider that the applicant shall not leave the city of Varanasi during the period of his remaining on bail in the case being too harsh is also waived provided the father of the applicant furnishes an undertaking to the Special Chief Judicial Magistrate Allahabad that he shall make the applicant available to the Investigating Agency as and when they require the applicant for interrogation etc. ( 6 ) SUBJECT to the above observations, this application is finally disposed of. ( 7 ) LET a copy of this order be supplied to the learned counsel for the applicant within 24 hours on his paying usual charges, if possible. ( 8 ) THE learned counsel for the Union of India also press for copy being supplied to him. Office shall see that learned counsel for the Union of India is also supplied a copy of this order as required. Office is further directed to send a copy of this order to the Special Chief Judicial Magistrate Allahabad for compliance. ( 9 ) WITHOUT prejudice to the merit of the case and before parting with this case, a note of caution is required to be sounded that the courts below should exercise restraint in imposing such conditions which may verge on denial of justice. ( 9 ) WITHOUT prejudice to the merit of the case and before parting with this case, a note of caution is required to be sounded that the courts below should exercise restraint in imposing such conditions which may verge on denial of justice. In the instant case, the applicant on his being found minor by the court below, was admitted to bail but at the same time the court below proceeded to defeat its own order by imposing a rider that the applicant shall not leave the city of Varanasi except without prior permission of the Court and further subjecting his release to the two local surety bonds of Rs. 50,000/- each. The court below was under a duty to ensure that the condition which it was imposing had the ostensible appearance of validity or that the same is countenanced in law. With the above observations, I conclude this order as supra. Order accordingly. .