You Can Ask For Anticipatory Bail Apprehending Death Due To Covid

Whats Is The Case

● The Supreme Court on Tuesday stayed an Allahabad High Court decision that stated that fear of death due to reasons such as the COVID pandemic is a legitimate reason for anticipatory bail.

● The Supreme Court ruled that the Allahabad High Court's decision could not be used as a precedent for anticipatory bail and that courts should not rely on the High Court's findings while considering pre-arrest bail applications. Senior Advocate V Giri was also named as an amicus curiae to support the Court on the broader question of whether COVID can be used as a basis for anticipatory bail.

Details

● After hearing the arguments of Solicitor General Tushar Mehta, who represented the state of Uttar Pradesh, a vacation bench comprised of Justices Vineet Saran and BR Gavai stayed the order. "Please review the accused's biodata. The entire decision is based on the idea that COVID is a valid reason for anticipatory bail "SG said.

● According to the Solicitor, the claimant is a serial thief with over 130 criminal charges against him. The Solicitor pushed for a stay of the High Court order's findings. According to the SG, the High Court's findings are being frequently quoted in other cases to secure an anticipatory bail. "If he's on bail in 130 cases, why isn't he on bail in the 131st?" the bench wondered.

Courts’ Observation

● "Send out a notice that must be returned by the first week of July. If the respondent fails to appear on the next day, the anticipatory bail will be revoked, and the warrant will stay. The case raises broader questions, as the High Court issued broad directions about the grant of bail in COVID circumstances.

● The instructions in question have been halted. The findings can not be taken into account by the courts when deciding on bail, and the case must be decided on the basis of facts and circumstances ", the court stated in its order.

● The state of Uttar Pradesh had petitioned the Supreme Court to overturn an Allahabad High Court order granting anticipatory bail on the basis of apprehension of death due to the COVID-19 pandemic.

● The Allahabad High Court had stated on May 10th that fear of death due to reasons such as the current pandemic is a legitimate ground for anticipatory bail. The order was issued by a Single Bench of Justice Siddharth while hearing an anticipatory bail application filed by one Prateek Jain, who feared death as a result of Covid-19's detention.

What is your say on the case?