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Bond for Keeping the Peace

Magistrate  ·  Code of Criminal Procedure 1898, Section 107

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IN THE COURT OF THE LEARNED MAGISTRATE, district

Cr. Section 107 No. _____ of year

complainant_name, son/daughter of complainant_father, resident of complainant_address ... Complainant

VERSUS

respondent_name, son/daughter of respondent_father, resident of respondent_address ... Respondent

APPLICATION FOR SECURITY TO KEEP THE PEACE UNDER SECTION 107, CODE OF CRIMINAL PROCEDURE 1898

Respectfully submitted:

1. That this application is filed under Section 107, Code of Criminal Procedure 1898, whereby the Magistrate has preventive jurisdiction to require a person to enter into a bond for keeping the peace with or without surety for a period not exceeding one year.

2. That complainant_name submits that respondent_name is likely to commit a breach of peace affecting the complainant.

3. That the respondent has threat_or_conduct_description, which has caused reasonable apprehension of breach of peace in the mind of the complainant.

4. That respondent_name has prior_incidents_or_threats, creating fear and insecurity in the neighborhood.

5. That the complainant is complainant_occupation_and_status, and has family members including family_details, who are at constant fear due to the respondent's conduct.

6. That the respondent has specific_threats on date_of_threats, witnessed by witnesses, which clearly demonstrate the likelihood of breach of peace.

7. That the respondent is known to respondent_character and respondent_history, making him/her particularly prone to breach of peace.

8. That the respondent has alcohol_or_substance_abuse_if_applicable, which further heightens the risk of violent conduct.

9. That no criminal case is pending between the parties, but the threat of violence is imminent and requires preventive intervention.

10. That the complainant has no recourse to criminal law at present, as no cognizable offence has been committed, but the likelihood is patent and requires preventive action.

11. That Section 107 CrPC is specifically designed to address such preventive situations and to require persons likely to commit breach of peace to furnish security.

12. That the petitioner seeks an order from this Honourable Court requiring the respondent to furnish a bond for bond_amount with one or more sureties for bond_period, with such conditions as the Court deems fit.

PRAYER

It is, therefore, most humbly prayed that this Honourable Court may be pleased to:

(a) Hear the complainant and respondent on the application;

(b) Be satisfied that respondent_name is likely to commit a breach of peace affecting the complainant;

(c) Direct respondent_name to furnish a security bond of bond_amount for bond_period with surety_details;

(d) Impose such conditions on the respondent as this Court may deem fit, including suggested_conditions;

(e) Direct that in case of breach of the bond, the respondent be prosecuted and the bond amount forfeited; and

(f) Pass such other order as deemed just and proper in the circumstances.

VERIFICATION

Verified on oath at verification_place on this _____ day of _____, year, that the contents of the above application are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

_____________________________ complainant_name Complainant Date: ______________ Through: _____________________________ counsel_name Advocate for the Complainant

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