LUCKNOW: After over three decades of its abolition in Uttar Pradesh, the provision of anticipatory bail has been re-introduced in the state with the revival of Section 438 of the Code of Criminal Procedure, 1973 (CrPC).
The state government initiative got President Ram Nath Kovind’s accent on June 1, 2019, and it was implemented on June 6. In fact, the provision for securing anticipatory bail in non-bailable offences was scrapped by the then Uttar Pradesh government through an amendment to the CrPc during the Emergency in 1976.
Now, after the revival of the provision, the accused will now be able to avail advance bail in the state in cases of non-bailable offences.
According to an official press release, the state government’s move to revive the scrapped provision came in pursuance of a suggestion to this effect by the State Law Commission in its third report in 2009 and several writ petitions before various courts, including the Allahabad High Court and the apex court.
The state government initiated the move by setting up a committee under the chairmanship of principal secretary, home, to consider re-introducing the provision. On the basis of the Committee report which suggested re-introducing anticipatory bail, the state government moved ahead with bringing an amendment to revise Section 438 of CrPC.
Notably, the Nainital High Court had also recommended the re-introduction of the provision in Uttarakhand.