HP HC | Regular bail under S. 439 CrPC granted considering young age of offender and first-time offence

Himachal Pradesh High Court: Anoop Chitkara, J. granted regular bail to the petitioner who is facing charges levelled against him under Sections 323, 324, 325, 341, 201 & 307 read with Section 34 of the Penal Code, 1860.

The present petitioner is represented by counsel Sanjeev Bhushan and Narinder Sharma. While counsel Narender Guleria, Bhupinder Thakur represented the respondents.

The victim Sativan Yadla was the Manager of the hotel where the accused was working. A few days before the date of occurrence, i.e., 28-11-2019, the victim had terminated the services of the accused. On this, the accused was annoyed and assaulted him, which led to the registration of FIR dated 28-11-2019.

Due to the young age of the accused, i.e., 22 years of age and it being his first offence, the Court deemed fit to grant bail on grounds such as the investigation is almost at the final stages of completion, the petitioner/accused is in judicial custody since 29-11-2019, has no criminal history and is a permanent resident of the address mentioned in the memo of the parties.

The Court further asked petitioner/accused to furnish a bail bond in the sum of Rs 10,000 with 2 sureties and other details as regards to his identity deeming other conditions as accepted for ascertaining his identity and securing his presence, as and when demanded by the authorities concerned for an efficient investigation and a fair trial.

In view of the above, the petition is allowed and bail granted. [Parteek v. State of H.P., 2020 SCC OnLine HP 245, decided on 24-02-2020]

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