'He & His Family Members Are Under Stress & Anxiety', Himachal Pradesh High Court Grants Interim Bail To 58 Yr Old COVID Survivor [Read Order]

The Himachal Pradesh High Court on Monday (02nd November) granted interim bail to a 58-year-Old man, taking into account his age and the contention that he and his family members are under stress and anxiety.The Bench of Justice Anoop Chitkara was hearing an application filed under Section 439 of CrPC, seeking bail, under Section 20 of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), for possessing 1.267 kilograms of charas (Cannabis).The Petitioner, a 58-year-old man who was in custody since 11.12.2019, sought bail on the grounds that while under incarceration, he suffered COVID-19 disease and now although he has recovered and tested negative but is under extreme anxiety and trauma.It was further submitted that the petitioner and his family members are under immense stress and anxiety. It was also submitted that in case the Court grants him one month's interim bail to enable him to spend some time with his family members, it would certainly release his anxiety and stress.In response to his application, the Additional Advocate General placed on record the medical record of the petitioner Roop Singh in which it was mentioned that he had suffered COVID-19 infection on 7.10.2020 but now he has no symptoms and is COVID negative.Court's observationsThe Court was of the view that "as on date, the knowledge about COVID-19 disease is slightly more than the view of a room which one gets while peeping through its keyhole."The Court also remarked,"Since it is a new disease, as such, findings are at the stage of hypothesis. Still the consensus appears that the age of vulnerability starts from 55 years upwards. Furthermore, any person with co-morbidity conditions is also vulnerable depending upon the nature of organs involved or disease whether it is autoimmune or of metastatic carcinomatic growth."The Court further ordered,"Given the age of the petitioner and the contention that he and his family are under stress and anxiety and furthermore that he is apparently not of flight risk, this Court grants him interim bail for a period of two weeks (fourteen days)."The petitioner has been directed to be released on interim bail subject to his furnishing a personal bond of Rs. One Lac with one surety of a similar amount to the satisfaction of the Chief Judicial Magistrate/Ilaqua Magistrate/Duty Magistrate/the Court exercising jurisdiction over the concerned Police Station where FIR is registered undertaking therein to surrender before the Concerned Jail after the completion of fourteen days interim bail and under no circumstance later than 27th November 2020, by 4.00 p.m.Case title - Roop Singh v. State of Himachal Pradesh [Cr.MP(M) No. 1883 of 2020]Click Here To Download Order[Read Order]

'He & His Family Members Are Under Stress & Anxiety', Himachal Pradesh High Court Grants Interim Bail To 58 Yr Old COVID Survivor [Read Order]

Sparsh Upadhyay

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