Attorney-General Tushar Mehta, who appeared in the state, had asked to remain on the order, fearing that the same would be said of other suspects before various courts. A bench of judges Vineet Saran and BR Gavai rallied in the high court and appointed attorney general V Giri to assist the court as "amicus curiae". The court issued a notice of the government's request and agreed to hear the application in the first week of July.
The bench, however, did not retain the bail granted to the defendant, Prateek Jain, who is facing 130 criminal charges but made it clear that if the accused did not appear the next day, the bail granted would be revoked and the HC order recused. The HC has allowed the suspects to remain in anticipated bail until January 3, 2022, considering the possibility of a third wave of infection in September this year.
“The apprehension of an accused being infected with novel coronavirus before and after his arrest, and the possibility of his spreading the same while coming into contact with the police, court and jail personnel or vice-versa can be considered to be a valid ground for grant of anticipatory bail to an accused,” the bench held.
Mehta told the court that the HC had passed a major recognition without regard to the facts of the case and the magnitude of the charges against the suspects. The bench said, "Watching (by HC) will always be suspended." It also added that the courts in the country, while considering bail applications, will only comply with the merits of the case and not on the views made in the order of Allahabad HC.
The Uttar Pradesh government has applied for whether the defendant needs protection to reduce or eliminate the threat of a new coronavirus in his life. The suspects wanted protection from arrest before the high court, saying he would be in danger of Covid-19 in a crowded prison without proper medical facilities.
Posts
