In exceptional circumstances, an accused denied anticipatory bail can still be given protection from immediate arrest if his sudden incarceration will plunge his personal affairs and family into crisis, says Bench.
India News: The apex court said when orders granting protection from arrest are passed, courts must balance the concerns of investigating agency, complainant and
The Supreme Court said it would stay the Allahabad High Court order on pre-arrest bail. (File)
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.
Prayagraj: Keeping in view the rise in Covid-19 cases and apprehension to life of the accused, police and jail personnel, the Allahabad High Court on Monday directed that alleged offenders may be given anticipatory bail for a limited period to ensure that they do not spread the coronavirus inside jails after being sent there.
Anticipatory bail is granted to a person against whom an FIR has been lodged, and apprehending his arrest he approaches the subordinate courts or high court against the same. While granting anticipatory bail, the court directs that in case of arrest, the alleged offender will be enlarged on anticipatory bail. Allowing an anticipatory bail plea of one Prateek Jain of Ghaziabad, Justice Siddharth passed this order, while allowing anticipatory bail plea to the petitioner for a limited period. Prateek Jain is accused in a cheating case.