Legal Advice on Anticipatory Bail on the Ground of Age and Health of the Accused | Criminal Law Attorney in Delhi NCR | Criminal Lawyer in Delhi NCR |

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“The age of the accused and the health condition of the accused plays a minimal role in deciding the anticipatory and regular bail application in a criminal case. It is more the nature of the offense alleged and the alleged involvement of the accused in that offense is what matters for the grant of bail. The availability of the evidences and testimonies of the witnesses is also very important in a criminal trial.”

The most common ground in any type of bail is to show the Court that the accused’s health condition is not good or the accused is senior citizen and so, in case of anticipatory bail too it can be taken as a ground for seeking anticipatory bail.

Grant of Anticipatory Bail on the Ground of Age and Health of the Accused: Best Criminal Lawyer Advice
Age and Health conditions of the accused are the most common grounds for seeking anticipatory bail. Court always considers this ground and grants bail to the accused if the Court is of the opinion that the health of the accused is not good and it could further deteriorate if the accused is taken in the custody and if it’s a senior citizen, then also the Court is lenient in the case of granting bail to the accused.

In some cases where the accused is minor and have not been considered to be mature enough then also the Court considers granting bail to the accused. The rationale behind granting bail to the accused considering age and health of the accused is that firstly the objective behind the custody is that the accused show up during trial and do not flee away or abscond. When the Court by putting certain conditions on the accused can make sure of the presence of the accused then the Court does not bother taking the accused who is senior citizen or in ill health into custody. Court also comprehends the impact of grant or denial of bail, if the accused is in ill health then there are possibility that accused health condition might deteriorate or any other serious health issues occur while the accused is in custody for investigation and Court consider the hardship that would be caused to the accused on account of detention before conviction.
In most of the cases where the accused is seeking anticipatory bail or regular bail, the accused can make his/her medical condition or old age as a ground to be granted bail. If the Court find out that the medical condition of the accused not fine then the Court might consider granting the bail.

Case Laws
Harvinder Singh Arora V. State of N.C.T. of Delhi [2002 SCC Online Del 737]- In this the petitioner filed an application for grant of anticipatory bail. The age of the petitioner was above 55 years and due to old age the petitioner was also suffering from some diseases. In brief the health condition of the petitioner was not good. The petitioner was ill. Taking it as a ground for pre-arrest bail, the petitioner filed for anticipatory bail order. Considering the health and age of the petitioner in mind. The hon’ble Delhi high Court granted bail to the petitioner.

Gianender Kumari V. State of Haryana [1999 SCC Online P&H 393]- In this case, the accused was an old age person and in ill health, considering this the high Court of Punjab & Haryana granted pre-arrest bail to the accused as the accused was found to be in ill health.

Age and Health conditions of the accused are generally not ignored by the Courts and the Court considers granting bail if the Court finds the accused in bad health or if the accused is a senior citizen.
Authored By: Adv. Anant Sharma & Anjali Swami