The Supreme Court on Tuesday stayed an Allahabad High Court order which granted an accused anticipatory bail on May 10 on the ground of fear of death by COVID-19.
A Vacation Bench led by Justice Vineet Saran said courts should not consider the May 10 order as a precedent in other cases of anticipatory bail.
“Sweeping directions have been made. We therefore direct the same to be stayed and the courts shall not consider the directions to grant anticipatory bail to accused in other cases and must consider merits of each case,” the apex court observed.
The May 10 order came in a case of cheating.
Solicitor General Tushar Mehta, for the Uttar Pradesh government, said the accused had 130 cases against him. Mr. Mehta said the order has been relied on in other cases of pre-arrest bail.
Issuing notice to the accused, the court posted the case for hearing in the first week of July.
On May 18, the top court had agreed to hear the appeal filed by the State government.
The High Court had, on May 10, held that “apprehension to death on account of reasons like the present pandemic of novel coronavirus can certainly be held to be a ground for grant of anticipatory bail to an accused”.
