Allahabad: The Allahabad high court has held that alleged offenders should be given anticipatory bail to avoid the spread of COVID-19 due to overcrowding in jails.

It said that there is apprehension to the life of accused as well as police and jail personnel.

Justice Siddharth passed the order while allowing, for a limited period, the anticipatory bail plea of Prateek Jain from Ghaziabad, who is an accused in a cheating case.

The court directed that in case Jain is arrested then he shall be enlarged on anticipatory bail for a limited period till January 3, 2022.

The court said that the Supreme Court recently passed several directions to decongest prisons across India.

“The observations and directions of the apex court show concern about overcrowding of jails, and in case this court, ignoring the same, passes an order which will result in overcrowding of jails again it would be quite paradoxical,” it said.

“Counsel for the state has not given any assurance of protection of the accused persons, who are in jail and may be sent to jail, regarding their protection from contacting the infection of novel coronavirus,” it observed.

The court said that extraordinary times require extraordinary remedies and desperate times require remedial remedies.

“Law should be interpreted likewise… 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 personnels or vice-versa can be considered to be a valid ground for grant of anticipatory bail to an accused.

“The informant/complainant may take objection to the relief being granted to the applicant and may be dissatisfied from the observations made in this judgment in favour of the accused. However, they should not lose sight of the fact that only when the accused would be alive he would be subjected to the normal procedure of law — of arrest, bail and trial,” it said.

The court, considering limited functioning of courts in the state, observed that experts are of the view that the third wave is likely to hit in September and it is uncertain when the normal functioning of court will be restored.

“In such uncertain times it would be against the requirement of Article 14 of the Constitution of India, which provides equality before law and equal protection of law, to leave an accused unprotected from arrest and suffer the consequences of being infected with novel corona virus,” it said. 

The court, while granting anticipatory bail to the petitioner, directed him not to obstruct or hamper police investigation, not to leave the country and also not to seek any adjournment in the trial pending against him.