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

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.

Court's observations

The 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)."