Tis Hazari Courts rejected the bail application of a patient who showed symptoms of COVID-19 virus. He was arrested as he tried to escape the quarantine centre. He also created a disturbance and beat up police officials.
Statements of the Authorities
In the status report, the Investigating Officer informed the court that the accused, along with the co-accused, broke the CCTV cameras of the shelter home; where they were kept under quarantine facility. The accused had caught hold of the police officials and pelted stones at them. Due to which, many officers sustained injuries.
While stating that the accused committed offences under sections 186/332/353/188/269/270 of the Indian Penal Code; the police submitted that the accused also tried to jump from the 3rd floor of the quarantine centre with the intention to escape.
Arguments by the Accused/ Applicant
The accused/applicant’s counsel opposed and argued that the accused stands falsely implicated; as the police have not explained, how the accused came to possess bricks and stones in the shelter home. The accused applied for bail, under section 437 under the Code of Criminal Procedure, stating that he has been in custody for 12 days for offences he is falsely implicated for.
Mentioning his clean record and no criminal history, the accused further sought to prove his argument of false implication by submitting that the police is yet to seize the CCTV cameras.
Decision on Bail by the Court
While rejecting the bail, the Duty Magistrate Rishabh Kapoor at Tis Hazari Court noted that:
‘The material on record prima facie (at first sight) show; that the accused has committed serious offences of attacking the public officials working in this time of COVID crisis. Besides, it also emerges that the accused tried to escape the quarantine facility, despite showing symptoms of a COVID-19 patient; which in itself is an act dangerous to the interest of the community at large.‘
Apart from the arguments, the court also took into consideration the medical report which showed that certain police officers, in fact, have sustained injuries. In the judgement of the Supreme Court, in CBI v. Amaramani Tripathi, it was stated that, while deciding on bail, the court has to consider factors such as behaviour, character and the likelihood of repeating the offence. The Delhi court relied on the judgment while deciding on this case.
