Teesha
The Supreme Court stayed the Allahabad High Court Order that held that, apprehension of death due to COVID-19 pandemic is a valid ground for anticipatory bail to an accused.
The stay order came while the Apex court was hearing an appeal by the Uttar Pradesh against the Allahabad HC.
The rationale put forward by the Allahabad High court was that, the state lacks preparation and resources to tackle the COVID-19 crisis, and hence a person arrested is at risk of contracting the virus.
However the Supreme Court have not stayed the bail of the accused in the case of State of UP vs Prateek Jain, he was booked under sections 420, 467,468,471,506 and 406 of the Indian Penal Code in the Allahabad HC. But the High Court granted him bail on the note that extraordinary times require extraordinary remedies, and law should be interpreted in a manner which is in tune with the desperate times.
The UP government contended in its plea that the order would have wide ramifications over the pending bail applications of the accused and would be bent towards the accused while overlooking the collective rights of the victims.
Further, the state government contended that the High Court was negligent towards the nature of the crime committed by the offender, which in-turn gives them the opportunity to enjoy a free hand while committing crimes with impunity during the pandemic.