Age can be Considered as One of the Determining Factor to Grant Bail: High Court of Shimla

 Hig h C o urt of H.P on 05 04 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.M.P.No. 6121 Date of decision: 5.4.2021 Akhil Katoch. …Petitioner. Versus State of Himachal Pradesh. …Respondent. Coram The Hon’ble Mr. Justice Vivek Singh Thakur Judge. Whether approved for reporting 1 For the Petitioner: Mr.Suneel Awasthi Advocate. For the Respondent: Mr.Raju Ram Rahi Deputy Advocate General. ASI Narender Singh Police Station Palampur District Kangra H.P. present along with record. Vivek Singh Thakur JudgeStatus report stands filed wherein it is stated that petitioner after remaining in Police custody has been sent in judicial custody and since 11th March 2021 he is in judicial custody. As per status report investigation is almost complete and challan after preparation has been checked by learned Assistant Public Prosecutor and now it is to be presented in the Court after getting checked by District Attorney. 2. Considering the entire facts and circumstances and stage of the investigation as well as age of the petitioner I find that no fruitful purpose is going to be served by keeping the petitioner behind the bars therefore petitioner is directed to be enlarged on bail in case FIR No. 42 dated 27.2.2021 registered under Sections 452 323 504 364 382 325 and 34 IPC in Police Station Palampur District Kangra Whether the reporters of the local papers may be allowed to see the Judgment Yes Hig h C o urt of H.P on 05 04 HCHP Cr.M.P.No. 4621 2H.P. subject to his furnishing personal bond in the um of `50 000 with one surety in the like amount to the satisfaction of trial Court within two weeks from today and also subject to the following conditions: That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required that he shall not directly or indirectly make any inducement threat or promise to any person acquainted with the facts of the case so as to dissuade him her from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not in any manner try to overawe or influence or intimidate the prosecution witnesses that he shall not obstruct the smooth progress of the investigation trial that he shall not commit the offence similar to the offence to which he is accused or suspected that he shall not misuse his liberty in any manner that he shall not jump over the bail that he shall keep on informing about the change in address landline number and or mobile number if any for his availability to Police and or during trial he shall not leave India without permission of the Court. 3. It will be open to the prosecution to apply for imposing and or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon it will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice. 4. In case the petitioner violates any conditions imposed upon him his bail shall be liable to be cancelled. In such eventuality prosecution may approach the competent Court of law for cancellation of bail in accordance with law. Hig h C o urt of H.P on 05 04 HCHP Cr.M.P.No. 4621 35. Learned trial Court is directed to comply with the directions issued by the High Court vide communication No.HHC.VIG. Misc. Instructions 93 IV.7139 dated 18.03.2013. 6. Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application. 7. The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order however it may verify the order from the High Court website or otherwise. The petition stands disposed of in the aforesaid terms. Dasti copy on usual terms. 5th April 2021 Judge. 

Summary: The age as well as the entire facts and circumstances along with stage of the investigation of the petitioner, there isn’t any fruitful purpose going to be served by keeping the accused behind the bars. This honorable judgement was passed by High Court of Shimla in the case of Akhil Katoch Versus State of Himachal Pradesh [Cr.M.P. (M) No. 611 of 2021] by The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. The petition was filed, wherein it was stated that petitioner after remaining in Police custody has been sent in judicial custody and since, he was in judicial custody. As per status report investigation was almost complete and challan after preparation had been checked by learned Assistant Public Prosecutor and now it was to be presented in the Court after getting checked by District Attorney. The petitioner was registered under Sections 452, 323, 504, 364, 382, 325 and 34 IPC, in Police Station Palampur, District Kangra. The court opinioned that, “Considering the entire facts and circumstances and stage of the investigation as well as age of the petitioner, it was found that no fruitful purpose is going to be served by keeping the petitioner behind the bars, therefore, petitioner is directed to be enlarged on bail stating that The petitioner was registered under Sections 452, 323, 504, 364, 382, 325 and 34 IPC, in Police Station Palampur, District Kangra, subject to his furnishing personal bond in the sum of `50,000/- with one surety in the like amount to the satisfaction of trial Court within two weeks from today.”