Covid Cannot Be Ground For Anticipatory Bail: SC Stays Allahabad HC Order

The apex court said anticipatory bail must be based on the merits of each individual case and added that courts shall not consider the directions issued by the High Court on May 10 for grant of anticipatory bail to accused in other cases.

Supreme Court. (File Photo)

New Delhi: The Supreme Court on Tuesday stayed an order of the Allahabad High Court and said anticipatory bail cannot be granted on grounds of fear of death due to Covid-19.

The apex court said anticipatory bail must be based on the merits of each individual case and added that courts shall not consider the directions issued by the High Court on May 10 for grant of anticipatory bail to accused in other cases.

“Sweeping directions have been made, we therefore direct the same to be stayed and the courts shall not consider the directions to grant anticipatory bail to accused in other cases and must consider merits of each case,” PTI quoted a vacation bench of Justices Vineet Saran and B R Gavai as saying.

The apex court bench, which was hearing an appeal filed by the Uttar Pradesh government challenging the High Court’s May 10 order, appointed senior advocate V. Giri as amicus curiae in the matter to assist it on the larger aspect whether Covid-19 can be a ground for grant of anticipatory bail.

Appearing for the state government, Solicitor General Tushar Mehta said that the accused (Prateek Jain), who was granted anticipatory bail till January 2021, has 130 cases pending against him and added that this order has been relied on in many other cases in which the accused have been seeking anticipatory bail.

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“We understand that you are aggrieved with the sweeping directions passed by the court. We will issue notice in the matter,” the apex court said.

The apex court sought Jain’s reply and said it may consider cancellation of his bail if he does not appear on the next hearing date.

The matter will be next heard in the first week of July.

The Allahabad High Court had on May 10 observed that apprehension of death on account of reasons like the present pandemic is a valid ground for grant of anticipatory bail.