COVID-19 CANNOT BE A GROUND FOR ANTICIPATORY BAIL, SAYS SC

NEW DELHI: Fear of death due to the worsening Covid-19 situation cannot be a reason for anticipatory bail, the Supreme Court held on Tuesday while staying observations in this regard in a May 10 Allahabad high court order for protection from arrest to a man. It did not, however, stay the bail granted to Prateek Jain, who faces 130 criminal cases.

The Supreme Court said if Jain did not appear for the next hearing in his case, the bail will be cancelled. The high court has granted Jain anticipatory bail till January 3, citing the possible third Covid wave.

“The observations [made by the high court] shall remain stayed,” said a vacation bench of justices Vineet Saran and BR Gavai. It added that courts in the country will solely go by the merits of cases and not by the observations made in the Allahabad high court order while considering bail petitions.

Solicitor general Tushar Mehta, who appeared for Uttar Pradesh, told the court that the sweeping observations did not consider the facts of the case and the gravity of the offences against the accused. He said the order would be cited by other accused to seek bail. The bench appointed senior advocate V

Giri to assist the court as amicus curiae in the matter and issued a notice on the state’s plea. It will hear the case next in the first week of July.

The Uttar Pradesh government moved the Supreme Court over whether an accused needs to be protected till the Covid threat to life is minimised.

Jain had sought protection from arrest claiming he would be vulnerable to Covid in a crowded jail.