Accused should not be directed to mark attendance physically during Covid-19 pandemic, says court

New Delhi: Accused out on bail in a case should not be directed to mark his attendance physically in a police station keeping in mind social distancing norms and the inconvenience which may be faced in the wake of lockdown in the national capital due to Covid-19 pandemic, a Delhi court said while granting interim bail to a man in a murder case.

The court, which passed the order on Wednesday allowed the accused to mark his attendance virtually by sharing his location through mobile phone with the concerned police station and directed him to install the Aarogya Setu app. "Earlier court was ordering in appropriate cases, physical attendance of such accused before SHO. In today's corona times, court should not and thus do not direct the physical attendance in police station, including having regard to the nature of corona infection, social distancing norms as well as due to the inconvenience which may be faced by accused due to lockdown. Thus a viable alternative to such condition to physical attendance need to be ordered," said Additional Sessions Judge Naveen Kumar Kashyap.

The judge also directed the accused to install the Aarogya Setu app on his mobile phone and keep the GPS as well as Bluetooth on all the time during the period of his 45 days interim bail and furnish a personal bond of Rs 20,000 and a surety of like amount. The court said the accused should assist in screening against possible Covid-19 infection when he surrenders after completion of his bail. The interim bail was granted to a person named Adil, who was arrested in 2015 in connection with the murder of a local person. He sought the relief to take care of his mother who was suffering from different ailment and required to undergo a surgery. The accused said he himself was also suffering from serious health issues.

The court directed him to mark his attendance before the concerned Investigating Officer and if he is not available then to the concerned Station House Officer, every alternate day through mobile by sharing his location. The court said the accused should make a call, preferable by audio and video mode to concerned IO or SHO once a week preferably Monday between 10 am to 5 pm and keep his mobile number switched on at all the time and particularly between 8 am to 8 pm every day. The court also said he should not tamper with evidence and leave the country without its permission. During the hearing held through video conferencing, Additional Public Prosecutor Manoj Garg opposed the interim bail plea saying the offence was heinous in nature and not covered in the guidelines issued by the Delhi High Court to decongest prisons in wake of Covid-19 outbreak in the country.

Advocates Asghar Khan and Tahir Khan, appearing for Adil, said that his mother was not well and suffering from gall bladder stone problem and was advised to undergo surgery. The court said, it is also the directions of the Delhi High court that in any case, bail applications, including interim bail applications, were to be decided on merit of the case. Further in any case, the ailment of the mother is not denied in the reply filed by IO. As such, in the overall facts and circumstances and prevailing pandemic situation, and the fact that he was granted interim bail earlier also, accused (Adil) is granted interim bail subject to certain terms and conditions."