Four Decades On, UP to Have Anticipatory Bail Provision Again

New Delhi: Four decades on, there will again be anticipatory bail provision in Uttar Pradesh.

The state government is readying a law to bring back the remedy of pre-arrest bail and a Bill in this regard will be introduced very soon.

The counsel for the UP government informed the Supreme Court on Monday that a decision has been taken to revive the anticipatory bail provision in the state.

UP and Uttarakhand are the only two states in the country that do not have the remedy of pre-arrest bail. Thus, in most of the criminal cases, accused are first arrested and then they have to move either for regular bail or for quashing of charges before the high court.

Following imposition of Emergency in 1975, the UP government had amended the CrPC in 1976 and had withdrawn the provision of anticipatory bail in the state.

On a PIL questioning this discriminatory practice by the two states, the Supreme Court has noted that there was a Bill prepared in 2010 but it was never pursued subsequently.

It had asked the counsel for the two states to get clear instructions on reviving the provision.

On Monday, UP's Additional Advocate General Aishwarya Bhati apprised the bench of the proposed move to reintroduce the anticipatory bail provision.

The counsel for Uttarakhand government sought a week's time to come back with instructions.