CRM-M-51454-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 223 CRM-M-51454-2024 Date of Decision: 14.01.2025 Simranjit Kaur ...Peoner Versus State of Punjab and another …Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Vinod K. Kaushal, Advocate for the peoner. Mr. Jasjit Singh, DAG, Punjab. Mr. A.S. Manaise, Advocate for respondent No. 2. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta-on Sec-ons 119 06.09.2023 Shri Hargobindpur, District Batala 302, 452, 34 IPC 1. Challenging the impugned order dated 26.07.2024 passed by learned Sessions Judge, Gurdaspur granng ancipatory bail to respondent No.2-Palwinder Singh in above caponed FIR, the complainant has come up before this Court under Secon 439(2) CrPC. 2. I have heard counsel for the pares and gone through the record and its analysis would lead to the following outcome. 3. In the FIR, only role a:ributed to respondent No. 2-Palwinder Singh is that he had exhorted the other accused to catch him and teach him a lesson for laying pakka floor (permanent concrete floor) in front of his shops. 4. Be that as it may, counsel for respondent No.2 submits that he has no objecon if this Court imposes more condions and prayed for dismissal of the peon. 5. Given above, in the enrety of facts and circumstances peculiar to this case, the present peon is disposed of and impugned order dated 26.07.2024 passed by learned Sessions Judge, Gurdaspur granng ancipatory bail to respondent No.2 is modified by 1 JYOTI 2025.01.16 09:39 I attest to the accuracy and integrity of this order/judgment. CRM-M-51454-2024 imposing further condions: (I) Given the nature of the allegaons and the other circumstances peculiar to this case, respondent No. 2 shall not enter the property, workplace, and residence of the vicm unl the statements of all non- official and informal witnesses in the trial are recorded. This Court is imposing this condion to rule out any a:empt by the accused to incapacitate, influence, or cause any discomfort to the vicm. Reference be made to Vikram Singh v Central Bureau of Invesgaon, 2018 All SCR (Crl.) 458); and Aparna Bha: v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230. (ii) Given the background of allegaons against respondent No. 2, it becomes paramount to protect the vicm, and their family members, as well as the members of society, and incapacitang the accused would be one of the primary opons unl the filing of the closure report or discharge, or acqui:al. Consequently, it would be appropriate to restrict the possession of firearm(s). [This restricon is being imposed based on the preponderance of evidence of probability and not of evidence of certainty, i.e., beyond reasonable doubt; and as such, it is not to be construed as an intermediate sancon]. Given the nature of the allegaons and the other circumstances peculiar to this case, respondent No. 2 shall surrender all weapons, firearms, and ammunion, if any, along with the arms license to the concerned authority within fiGeen days from release from prison and inform the Invesgator about the compliance. However, subject to the Indian Arms Act, 1959, respondent No. 2 shall be entled to renew and take it back in case of acqui:al in this case, provided otherwise permissible in the concerned rules. Restricng firearms would insll confidence in the vicm(s), their families, and society; it would also restrain the accused from influencing the witnesses and repeang the offense. 6. A cerfied copy of this order would not be needed for furnishing bonds, and any Advocate for the appellant can download this order along with case status from the official web page of this Court and a:est it to be a true copy. If the a:esng officer wants to verify its authencity, such an officer can also verify its authencity and may download and use the downloaded copy for a:esng bonds. 2 JYOTI 2025.01.16 09:39 I attest to the accuracy and integrity of this order/judgment. CRM-M-51454-2024 Pe--on stands disposed of in the terms menoned above. All pending applicaons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 14.01.2025 Jyo--II Whether speaking/reasoned: Yes Whether reportable: No. 3 JYOTI 2025.01.16 09:39 I attest to the accuracy and integrity of this order/judgment.