HC: GRANT ANTICIPATORY BAIL TO ACCUSED PERSONS AMID COVID SPIKE

In an important judgment, the Allahabad high court has held that alleged offenders may be given anticipatory bail for a limited period in the wake of spike in Covid cases and overcrowding in jails.

Justice Siddharth passed the order while allowing anticipatory bail plea (for a limited period) of one Prateek Jain of Ghaziabad who is an accused in a cheating case.

The court directed that in case Jain was arrested, he should be released on anticipatory bail till January 3, 2022.

The court, while saying that the Supreme Court recently passed several directions to decongest prisons across India, went on to observe, “The observations and directions of the Apex Court show the concern about the overcrowding of jails and in case this Court, ignoring the same, passes order which will result in overcrowding of jails again it would be quite paradoxical. Counsel for the State has not given any assurance of protection of the accused persons, who are in jail and may be sent to jail, regarding their protection from contacting the infection of novel corona.”

“Extraordinary times require extraordinary remedy and desperate times require remedial remedy. Law should be interpreted likewise… the apprehension of an accused being infected with novel corona virus before and after his arrest and the possibility of his spreading the same while coming into contact with the police, Court and jail personnel or vice-versa can be considered to be a valid ground for grant of anticipatory bail to an accused,” the court observed.

“The informant/complainant may take objection to the relief being granted to the applicant and may be dissatisfied from the observations made in this judgment in favour of accused. However, they should not lose sight of the fact that only when the accused would be alive, he would be subjected to the normal procedure of law of arrest, bail and trial,” the court further said.