Anticipatory bail in Uttar Pradesh – applicable or not

[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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