The Single Bench of Justice Siddhartha of Allahabad High Court has allowed anticipatory bail application to an accused on the ground of apprehension of 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 personnels or vice-versa.
The instant anticipatory bail application has been filed by one, Prateek Jain to grant protection from arrest in connection a case registered against him under Section 420, 467, 468, 471, 506, 406 IPC, in Police Station Sihani Gate, District- Ghaziabad.
The Court while explaining the dynamic nature of law has observed that it is clear that the right to life is more precious and sacrosanct than the right to personal liberty which is sought to be protected by way of grant of anticipatory bail to an accused by the Court.
The Court further stated that If the right to life is not protected and permitted to be violated or imperilled, the right to personal liberty, even if protected by the Court, would be of no avail.
“If an accused dies on account of the reasons beyond his control when he could have been protected from death by the Court, the grant or refusal of anticipatory bail to him would be an exercise in futility. Hence, the apprehension of death on account of reasons like the present pandemic of novel corona virus can certainly be held to be a ground for grant of anticipatory bail to an accused.” Said by Court.
The Court has placed reliance on the judgment passed of Apex Court wherein the Supreme Court has showed its concern about the overcrowding of jails and in the this Court, ignoring the same, passes order which will result in overcrowding of jails again it would be quite paradoxical.
The Court has also pointed out that 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 virus.
The Court remarked that
“Extraordinary times require extraordinary remedy and desperate times require remedial remedy. Law should be interpreted likewise.”
The Court has also expressed its displeasure over current situation of state by stating that,
“The Election Commission, the Higher Courts and the Government failed to fathom the disastrous consequences of permitting the elections in few States and the Panchayat elections in the State of Uttar Pradesh. The infection of novel corona virus, which had not reached the village population in its first wave of novel corona virus spread in the last year, has now spread to the villages.”
In view of the above facts and circumstances and after finding that the apprehension to life in the current scenario is a ground for grant of anticipatory bail to an accused, the Court has directed that the applicant, in case of his arrest, shall be enlarged on anticipatory bail for the limited period, till 03 of January, 2022.
Case details:
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438
CR.P.C. No. - 4002 of 2021
Applicant :- Prateek Jain
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Avnish Kumar Srivastava,Priyanka Sharma
Counsel for Opposite Party :- G.A.,Vidya Prakash Singh
Bench: Justice Siddhartha
Read order:-
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