High CourtsSingle Bench

Vishav @ Bhanu vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 4 January 2022 · Citation: (2022) 01 P&H CK 0007

HON’BLE JUDGES
Anoop Chitkara, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437A, 438
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 54796 Of 2021
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40 paragraphs · 803 words

Sr. No.,FIR No.,Date,Offences,Police Station

1.,137,24.09.2021,Under NDPS Act,Daba

12.

The petitioner 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.",,,,

13.

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 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.",,,,

14.

Till the completion of the trial, the petitioner 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.",,,,

15.

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

any, along with the arms license to the concerned authority within 10 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.",,,,

16.

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",,,,

Cr.P.C.,,,,

17.

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 any language that the petitioner understands.,,,,

18.

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.",,,,

19.

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.",,,,

20.

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 notice of a minimum of seven",,,,

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

21.

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, with in two days. In case the victim notices stalking or any violation of this order, she may either inform the SHO of the",,,,

concerned Police Station or the Trial Court or even this Court.,,,,

22.

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.",,,,

23.

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

24.

This bail is subject to the petitioner joining investigation and fully cooperating with the investigating agencies. Failure to do so shall ipso facto result,,,,

in its withdrawal.,,,,

25.

There would be no need for a certified copy of this order for furnishing bonds, and any Advocate for the Petitioner 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.",,,,