Anticipatory bail provision back in UP after 43 years

The provision of anticipatory bail has been restored in Uttar Pradesh after 43 years, paving the way for the accused to get advance bail in non-bailable offences.

The provision was revoked in the state during the Emergency in 1976.

Principal secretary, Home, Arvind Kumar, said Section 438 (anticipatory bail) was removed from the Code of Criminal Procedure 1973 through the Code of Criminal Procedure (Uttar Pradesh Amendment) Bill, 1976.

There was a demand for restoration of anticipatory bail in the state and writ petitions were also filed in courts for this purpose.

The State Law Commission had recommended restoration of this provision in its third report in 2009.

A committee constituted by the state government under the chairmanship of principal secretary, Home, had also recommended the restoration.

The state assembly passed ‘The Code of Criminal Procedure (Uttar Pradesh Amendment) Bill, 2018’ on August 31, 2018 for restoration of anticipatory bail in the state.

President Ram Nath Kovind approved the Amendment Bill on June 1.