Roop Singh And Others vs State Of Punjab

FIR No.,Dated,Police Station,Sections

202,06.11.2021,"Sangat, District Bathinda","324, 323 & 34 IPC (Section 307 IPC added later on

vide DDR No.25 dated 24.12.2021)

cognizance, then such court, upon which the investigator shall hand over the deposit to such court, which shall have a lien over it up to the expiry of",,,

the period mentioned under S. 437-A CrPC, 1973, or until discharged by substitution as the case may be. If any, subject to the proceedings under S.",,,

446 CrPC, the entire amount of fixed deposit, less taxes if any, shall be endorsed/returned to the depositor.",,,

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

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

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

linked with the AADHAR card, the other phone numbers (if any), and e-mail (if any). In case of any change in the above particulars, the petitioner(s)",,,

shall immediately and not later than 30 days from such modification, intimate about the change to the concerned Police Station and the concerned",,,

Court.,,,

The petitioner(s) to also execute a bond for attendance in the concerned Court(s), as and when asked to do so. The presentation of the personal",,,

bond shall be deemed acceptance of the following and all other stipulations, terms, and conditions of this bail order.",,,

The petitioner(s) 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 might 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(s) shall not be called before 8 AM and shall be let off before 6 PM,",,,

and shall not be subjected to third-degree, indecent language, inhuman treatment, etc. In addition to the above conditions, this bail is subject to",,,

the further condition that the petitioners shall remain present at the concerned police station at 9 am continuously for seven days,,,

unless the Investigator ask them not to come. Failure to do so, the complainant as well as State may file application for cancellation of",,,

bail and on this ground alone, the bail shall be cancelled.",,,

The petitioner(s) 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 and the circumstances of the case, to dissuade them from disclosing such facts to the",,,

Police, or the Court, or to tamper with the evidence.",,,

Given the nature of allegations and the other circumstances peculiar to this case, the petitioner(s) shall surrender all weapons, firearms,",,,

ammunition, if any, along with the arms license to the concerned authority within ten days from today and inform the Investigator about the",,,

compliance. However, subject to the Indian Arms Act, 1959, the petitioner(s) shall be entitled to renew and take it back in case of acquittal in this",,,

case.,,,

Till the completion of the trial, the petitioner(s) shall not contact, call, text, message, remark, stare, stalk, make any gestures or express any unusual",,,

or inappropriate, verbal or otherwise objectionable behavior towards the victim and victim's family, either physically, or through phone call or any other",,,

social media, through any other mode, nor shall unnecessarily roam around the victim's home.",,,

Given the nature of allegations and the other circumstances peculiar to this case, the petitioner(s) shall not enter within a radius of one kilometer",,,

from the victim’s home for three months. This Court is imposing this condition to rule out any attempt by the accused to incapacitate, influence, or",,,

cause any discomfort to the victim. Reference be made to Vikram Singh v Central Bureau of Investigation, 2018 All SCR (Crl.) 458); and Aparna",,,

Bhatt v. State of Madhya Pradesh, 2021 SCC Online SC 230.",,,

During the trial's pendency, if the petitioner(s) 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",,,

Cr.P.C.,,,

Any Advocate for the petitioner(s) and the Officer in whose presence the petitioner(s) puts signatures on personal bonds shall explain all,,,

conditions of this bail order in any language that the petitioner(s) understands.,,,

If the petitioner(s) finds bond amount beyond social and financial reach, it may be brought to the notice of this Court for appropriate reduction.",,,

Further, if the petitioner(s) finds 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(s) 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 as per law.",,,

In case the Investigator/Officer-In-Charge of the concerned Police Station arraigns another section of any penal offence in this FIR, and if the",,,

new section prescribes maximum sentence which is not greater than the sections mentioned above, then this bail order shall be deemed to have also",,,

been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence",,,

prescribed in the sections mentioned above, then, in that case, the Investigator/Officer-In-Charge shall give the petitioner(s) notice of a minimum of",,,

seven days providing an opportunity to avail the remedies available in 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.",,,

The SHO of the concerned police station or the investigating officer shall arrange to send a copy of this order, preferably a soft copy, to the",,,

complainant and the victim, within two days. If the victim(s) notice any violation of this order, they may inform the SHO of the concerned police",,,

station, the trial court, or even this court.",,,

There would be no need for a certified copy of this order for furnishing bonds, and any Advocate for the Petitioner(s) can download",,,

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

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

Petition allowed in aforesaid terms. All pending applications, if any, stand disposed.",,,