Ashwani Kumar vs State Of Himachal Pradesh

FIR No,Dated,Police Station,Sections

75/21,19.06.2021,"Damtal, District Kangra","21, 29-61-85 NDPS Act

c) If such a fixed deposit is made in physical form, i.e., on paper, then the original receipt shall be handed over to the concerned Court.",,,

d) If made online, then its printout, attested by any Advocate, and if possible, countersigned by the accused, shall be filed, and the depositor shall get",,,

the online liquidation disabled.,,,

e) The petitioner or his Advocate shall inform at the earliest to the concerned branch of the bank, that it has been tendered as surety. Such information",,,

be sent either by e-mail or by post/courier, about the fixed deposit, whether made on paper or in any other mode, along with its number as well as FIR",,,

number.,,,

f) After that, the petitioner shall hand over such proof along with endorsement to the concerned Court.",,,

g) It shall be total discretion of the petitioner to choose between surety bonds and fixed deposits. It shall also be open for the petitioner to apply for,,,

substitution of fixed deposit with surety bonds and vice-versa.,,,

h) Subject to the proceedings under S. 446 CrPC, if any, the entire amount of fixed deposit along with interest credited, if any, shall be",,,

endorsed/returned to the depositor(s). Such Court shall have a lien over the deposits up to the expiry of the period mentioned under S. 437-A CrPC,",,,

1973, or until discharged by substitution as the case may be.",,,

The furnishing of the personal bonds shall be deemed acceptance of the following and all other stipulations, terms, and conditions of this bail order:",,,

a) The petitioner to execute a bond for attendance to the concerned Court(s). Once the trial begins, the petitioner shall not, in any manner, try to delay",,,

the proceedings, and undertakes to appear before the concerned Court and to attend the trial on each date, unless exempted. In case of an appeal, on",,,

this very bond, the petitioner also promises to appear before the higher Court in terms of Section 437-A CrPC.",,,

b) The attesting officer shall, on the reverse page of personal bonds, mention the permanent address of the petitioner along with the phone number(s),",,,

which is linked with Aadhar Card, WhatsApp number (if any), e-mail (if any), and details of personal bank account(s) (if available), and in case of any",,,

change, the petitioner shall immediately and not later than 30 days from such modification, intimate about the change of residential address and change",,,

of phone numbers, WhatsApp number, e-mail accounts, to the Police Station of this FIR to the concerned Court.",,,

c) The petitioner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the Police",,,

officials, or any other person acquainted with the facts of the case, to dissuade them from disclosing such facts to the Police, or the Court, or to",,,

tamper with the evidence.,,,

d) The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer; and shall cooperate with the,,,

investigation at all further stages as may be required. In the event of failure to do so, it will be open for the prosecution to seek cancellation of the bail.",,,

Whenever the investigation occurs within the police premises, the petitioner shall not be called before 8 AM and shall be let off before 5 PM, and shall",,,

not be subjected to third-degree, indecent language, inhuman treatment, etc.",,,

e) In addition to standard modes of processing service of summons, the concerned Court may serve or inform the accused about the issuance of",,,

summons, bailable and non-bailable warrants the accused through E-Mail (if any), and any instant messaging service such as WhatsApp, etc. (if any).",,,

[Hon’ble Supreme Court of India in Re Cognizance for Extension of Limitation, Suo Moto Writ Petition (C) No. 3/2020, I.A. No. 48461/2020- July",,,

10, 2020]:",,,

i. At the first instance, the Court shall issue the summons.",,,

ii. In case the petitioner fails to appear before the Court on the specified date, in that eventuality, the concerned Court may issue bailable warrants.",,,

iii. Finally, if the petitioner still fails to put in an appearance, in that eventuality, the concerned Court may issue Non-Bailable Warrants to procure the",,,

petitioner's presence and may send the petitioner to the Judicial custody for a period for which the concerned Court may deem fit and proper to,,,

achieve the purpose.,,,

Given the gravity of accusations and the heinous nature of the offence, the petitioner shall surrender all weapons, firearms, ammunition, if any,",,,

along with the arms license to the concerned authority within 30 days from today and inform the Investigator about the compliance. However, subject",,,

to the Indian Arms Act, 1959, the petitioner shall be entitled to renew and take it back in case of acquittal in this case.",,,

The petitioner shall, within thirty days of his release from prison, procure a smartphone, and inform its IMEI number and other details to the",,,

SHO/I.O. of the Police station mentioned before. He shall keep the phone location/GPS always on the “ON†mode. Before replacing his mobile,,,

phone, he shall produce the existing phone to the SHO/I.O. of the police station and give details of the new phone. Whenever the Investigating officer",,,

asks him to share his location, then he shall immediately do so. The petitioner shall neither clear the location history nor format his phone without",,,

permission of the concerned SHO/I.O. He shall also not clear the WhatsApp chats and calls without producing the phone before the concerned,,,

SHO/I.O.,,,

During the trial's pendency, if the petitioner repeats or commits any offence where the sentence prescribed is more than seven years or violates",,,

any condition as stipulated in this order, it shall always be permissible to the respondent to apply for cancellation of this bail. It shall further be open for",,,

any investigating agency to bring it to the notice of the Court seized of the subsequent application that the accused was earlier cautioned not to indulge,,,

in criminal activities. Otherwise, the bail bonds shall continue to remain in force throughout the trial and after that in terms of Section 437-A of the",,,

CrPC.,,,

In case of non-appearance, then irrespective of the contents of the bail bonds, the petitioner undertakes to pay all the expenditure (only the",,,

principal amount without interest) that the Government(s) might incur to produce him before such Court, provided such amount exceeds the amount",,,

recoverable after forfeiture of the bail bonds, and also subject to the provisions of Sections 446 & 446-A of CrPC. The petitioner's failure to reimburse",,,

shall entitle the trial Court to order the transfer of money from the petitioner's bank account(s). However, this recovery is subject to the condition that",,,

the expenditure incurred must be spent to trace the petitioner alone, and it relates to the exercise undertaken solely to arrest the petitioner in that FIR,",,,

and that voyage was not for any other purpose/function what so ever.,,,

Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all conditions of,,,

this bail order, in vernacular and if not feasible, in Hindi.",,,

In case the petitioner finds the bail condition(s) as violating fundamental, human, or other rights, or causing difficulty due to any situation, then for",,,

modification of such term(s), the petitioner may file a reasoned application before this Court, and after taking cognizance, even to the Court taking",,,

cognizance or the trial Court, as the case may be, and such Court shall also be competent to modify or delete any condition.",,,

This order does not, in any manner, limit or restrict the rights of the Police or the investigating agency from further investigation per law.",,,

Any observation made hereinabove is neither an expression of opinion on the merits of the case, nor shall the trial Court advert to these comments.",,,

In return for the protection from incarceration, the Court believes that the accused shall also reciprocate through desirable behavior.",,,

There would be no need for a certified copy of this order for furnishing bonds. Any Advocate for the petitioner can download this order along with,,,

the case status from the official web page of this Court and attest it to be a true copy. In case the attesting officer or the Court wants to verify the,,,

authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.",,,

Copy Dasti.,,,