The Allahabad High Court while, granting anticipatory bail to an accused observed:
Justice Siddhart of Allahabad High Court has held that apprehension to life due to COVID19 pandemic is a sufficient and valid ground for grant of anticipatory bail to an accused.
While considering the bail application, the Court has also considered the aspect of spread of COVID 19 in the rural areas of Uttar Pradesh and how the Panchayat Election has been a catalyst in spreading the coronavirus in villages of UP, who were safe during the first wave of COVID pandemic last year.
This year in February 2021, the Allahabad High Court issued a positive Mandamus for holding elections before 31st May 2021, and thereafter a PIL for postponing the Election was also dismissed by the Bench led by then Chief Justice Govind Mathur, mentioning that Elections can be held by following COVID protocol.
This is the reason that in this Order the Higher Courts have been blamed to some extent for letting the COVID spread in rural areas.
The Court observed that if an accused be directed to follow the procedure of CrPC and he be arrested, then produced before Magistrate, and then bail application be considered, his life will be endangered due to COVID19.
It has been categorically held by the Court that Right to Life is on a higher pedestal than Right to Liberty, therefore threat to life due to a virus is a sufficient reason for Courts to grant Anticipatory Bail.
Ultimately, the Court granted anticipatory bail to the accused for the above mentioned reasons.
Click to Read/Download Order