Anticipatory bail in Uttar Pradesh – applicable or not

[Anonymous]

An offence of section 498A ipc is registered against me in Agra. I am a resident of Delhi but my wife lives in Agra where she gave complaint against me. A lawyer friend told me that I cannot apply for anticipatory bail in Uttar Pradesh since this provision is not applied there. However he was not fully sure since he is Delhi advocate. Is it true, please confirm. What can I do to avoid arrest in this case if anticipatory bail cannot be taken in U.P.?

[Dr. Ashok Dhamija]

Section 438 of the Criminal Procedure Code, which lays down provision for anticipatory bail, has been omitted for the purposes of Uttar Pradesh, by a State amendment, vide Section 9 of U.P. Act No. 16 of 1976, with effect from 28-11-1975. And, this would apply to Uttarakhand also, since in 1975, Uttarakhand was also a part of Uttar Pradesh.

Therefore, it is not possible to get anticipatory bail in Uttar Pradesh and Uttarakhand. In the absence of such provision, usually people file petition before the high court for stay on the arrest of the accused which, if granted, would serve almost the same purpose.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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