Supreme Court says : Fear Of Death From Covid Not Grounds For Pre-Arrest Bail [25.5.2021]

Uttar Pradesh had approached the Supreme Court last week against an Allahabad High Court order that said anticipatory bail could be granted in view of the surge in Covid cases and overcrowding in jails

25.5.2021, Tuesday

New Delhi: Anticipatory bail cannot be granted on grounds of fear of death due to COVID-19, the Supreme Court said Tuesday afternoon, as it stayed an Allahabad High Court order on the subject.

Anticipatory bail must be based on the merits of each individual case, the top court stressed, adding that the High Court's order could not be used as precedent by other courts.

The top court was responding to a petition filed by the Uttar Pradesh government last week challenging an Allahabad High Court order that said anticipatory bail could be granted on grounds of apprehension of death in view of the surge in Covid cases and overcrowding in jails.

"You (the UP government) have a problem with observations made... sweeping observations (that) all persons be granted anticipatory bail... we are staying sweeping observations and further orders," Justices Vineet Saran and BR Gavai told Solicitor General Tushar Mehta.

The debate over anticipatory bail was triggered after the High Court allowed Prateek Jain - a conman who has 130 cases registered against him - to be released on bail till January 2022.

The UP government told the Supreme Court the reasoning - apprehension of death due to Covid - had set a wrong precedent and was being quoted by other courts for grant of anticipatory bail.

[Source : NDTV}


25 May 2021