13 December 2021


High Court of Himachal Pradesh

Parmod Kumar and Ors. Vs. State of Himachal Pradesh




Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by Court while exercising its discretion

By way of instant petition filed under Section 438 of Code of Criminal Procedure, 1973 (CrPC), prayer has been made on behalf of the Petitioners for grant of anticipatory bail in FIR under Sections 411, 406 and 34 of Indian Penal Code, 1860 (IPC), registered at Police Station. Issue involved in present case is whether Petitioners are entitled for grant of anticipatory bail.

Learned Deputy Advocate General states that the bail Petitioners have joined the investigation in terms of order and are fully cooperating. Learned Deputy Advocate General further contended that, custodial interrogation of the Petitioners is not required and they can be ordered to be released on bail, subject to the condition that, they shall make themselves available for investigation and trial, as and when required by the investigating agency.

Guilt of any of the bail Petitioners is yet to be proved in accordance with law by the investigating agency by leading cogent and convincing evidence, as such, this Court is inclined to accept the prayer having been made on behalf of bail petitioners for grant of bail. Recently, the Hon'ble Apex Court in Dataram Singh v. State of Uttar Pradesh & Anr. has held that freedom of an individual cannot be curtailed for indefinite period, especially when his/her guilt is yet to be proved. It has further held by the Apex Court in the aforesaid judgment that a person is believed to be innocent until found guilty.

It is well settled that, gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by the court while exercising its discretion. It has been repeatedly held by the Apex Court that, object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative.

Object of the bail is to secure the attendance of the Accused in the trial and the proper test to be applied in the solution of the question whether bail should be granted or refused is whether it is probable that, the party will appear to take his trial. Otherwise also, normal rule is of bail and not jail. Apart from above, Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of the punishment, which conviction will entail, character of the accused, circumstances which are peculiar to the accused involved in that crime. Bail Petitioners have carved out a case for grant of bail and as such, order is made absolute, subject to the conditions. It is clarified that, if the Petitioners misuse the liberty or violates any of the conditions imposed upon them, the investigating agency shall be free to move this Court for cancellation of the bail. The petition stands accordingly disposed of.

Tags : Bail Grant Conditions

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