Anticipatory Bail Provision Reinserted in Uttar Pradesh

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July 01, 2019

The provisions relating to Anticipatory Bail have been reincorporated in the State of Uttar Pradesh. It is relevant to mention here that the provisions of anticipatory bail as envisaged under Section 438 of the Code of Criminal Procedure was withdrawn by the UP Government at the time of emergency by the Criminal Procedure Code (Uttar Pradesh Amendment) Act, 1976.

Several writ petitions had also been filed with the High Court for reinsertion of the provision. A Committee had also been formed under the aegis of State Home Department to examine the reinsertion of Section 438 of CrPC. The Committee subsequently recommended the re-insertion on anticipatory bail provisions along with few amendments.

At the time of emergency the Government had criticized the operation of Section 438 of CrPC in view of criminal intimidation and discrepancies in investigation of crimes.