Lawstreet Journal

Apprehension of death on account of Covid-19 pandemic is a valid ground for grant of anticipatory bail: Allahabad HC [READ ORDER]

Lawstreet Journal 14 May 2021 9:10pm

Image courtesy: Lawstreet Journal Judiciary Apprehension of death on account of Covid-19 pandemic is a valid ground for grant of anticipatory bail: Allahabad HC [READ ORDER]

In a decision pertaining to the right of life of the persons accused of a criminal offence, the Allahabad High Court on Monday ( May 10, 2021) observed that apprehension of death on account of reasons like the pandemic is a valid ground for anticipatory bail.

The order was passed by a single bench of Justice Siddharth. The bench heard the anticipatory bail application of Prateek Jain, arrested in connection to a case including cheating and fraud.

Justice Siddharth stated that times like these require law which aren’t out of the ordinary. He observes that the existing parameters for grant of anticipatory bail like the nature and gravity of accusation, the criminal antecedent of the applicant, the possibility of fleeing from justice and whether the accusation has been made for injuring and humiliating a person; have lost importance considering the situation of the country right now.

“Law is a dynamic concept and need to be interpreted as per the requirements of time. With the change in time and the interpretation and application of existing law changes as well. The law of anticipatory bail is found only on the apprehension of arrest. The apprehension may be pre recording stage of an FIR. However, the condition of apprehension of arrest is the survival of the accused. Only when the accused will be protected from the apprehension of death, the apprehension of his arrest would arise. Article 21 guarantees that. The life of citizen is more important, ” the bench observed.

He elucidates that only when the life… Continue Reading...

Tagged: Allahabad High Court  
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