Sr. No.,FIR No.,Date,Offences,Police Station
1,89,12.11.2019,"Section 22 of NDPS
Act","Behram, Distt. SBS Nagar (on bail)
10,000/-) and shall furnish one surety of Rs. Twenty-five thousand (INR 25,000/-), to the satisfaction of the concerned Court/ Judicial Magistrate",,,,
having the jurisdiction over the Police Station conducting the investigation, and in case of non-availability, any nearest Ilaqa Magistrate/duty",,,,
Magistrate. Before accepting the sureties, the concerned Court must satisfy that if the accused fails to appear in Court, then such surety is capable of",,,,
producing the petitioner before the Court.,,,,
11. In Mahidul Sheikh v. State of Haryana, CRM-33030-2021 in CRA-S-363-2020, decided on 14-01-2022, Para 53, this Court observed,",,,,
[53]. The pragmatic approach is that while granting bail with sureties, the “Court†and the “Arresting Officer†should give a choice to the",,,,
accused to either furnish surety bonds or to handover a fixed deposit, or direct electronic money transfer where such facility is available, or creating a",,,,
lien over his bank account. The accused should also have a further option to switch between the modes. The option lies with the accused to choose,,,,
between the sureties and deposits and not with the Court or the arresting officer.,,,,
12. The petitioner in the alternative, may furnish a personal bond of Rs. Ten Thousand only (INR 10,000/-), and hand over to the concerned court a",,,,
fixed deposit(s) for Rs. Ten Thousand only (INR 10,000/-), made in favour of Chief Judicial Magistrate of the concerned district. Said fixed deposit",,,,
may be made from any of the banks where the stake of the State is more than 50%, or any of the well-established and stable private banks, with the",,,,
clause of automatic renewal of the principal and the interest reverting to the linked account.,,,,
13. The fixed deposit need not necessarily be made from the applicant's account. 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. If made online, its printout, countersigned by the accused, shall be given; and the",,,,
depositor shall get the online liquidation disabled. The applicant shall inform the concerned branch of the bank at the earliest 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 and FIR number. After that, the applicant shall hand over such proof and endorsement to the concerned police station. Such court",,,,
shall have a lien over the deposit until the case's closure, or discharged by substitution, or up to the expiry of the period mentioned under S. 437-A",,,,
CrPC, 1973, as the case may be. 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.,,,,
14. 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 to,,,,
the investigator or the concerned court to substitute fixed deposit with surety bonds and vice-versa.,,,,
15. On the reverse page of personal bonds, the attesting officer shall mention the permanent address of the petitioner 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",,,,
shall immediately and not later than 30 days from such modification, intimate about the change to the concerned Police Station and the concerned",,,,
Court.,,,,
16. 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.",,,,
17. 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.",,,,
18. 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 ten days of release from prison 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.",,,,
19. 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.",,,,
20. Given the nature of allegations and the other circumstances peculiar to this case, the petitioner shall not enter within a radius of one kilometer from",,,,
the victim’s home till the recording of the victim’s statement in trial. 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.",,,,
21. 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.,,,,
22. 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.,,,,
23. If the petitioner 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 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 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.",,,,
24. 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.",,,,
25. 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.,,,,
26. 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.,,,,
27. In return for the protection from incarceration, the Court believes that the accused shall also reciprocate through desirable behavior.",,,,
28. 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.",,,,
29. 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.",,,,
