Lucknow: The provision of anticipatory bail which was revoked in Uttar Pradesh during Emergency in the year 1976, is slated to be re-introduced after four decades as the UP Assembly approved the bill which will allow the same. The bill which has been passed on Friday will be sent to the Union government for final approval as it proposes amendments for Uttar Pradesh in section 438 (anticipatory bail) of CrPC.
The Code of Criminal Procedure (Uttar Pradesh Amendment) Bill, 2018, aims at restoring the provision of anticipatory bail in the state. With this, a few amendments have also been introduced in the proposed bill. One of the amendments states that it will not be necessary for the accused to be present during the hearing for the anticipatory bail.
Another amendment proposed is that certain mandatory conditions or riders will be imposed by the court before considering granting anticipatory bail. However, this may not be granted in case of serious crimes wherein a death sentence is most likely to be pronounced.
The next amendment is that the court would have to decide on the application for anticipatory bail within 30 days of the filing of an application.
“Under the section 438 of the CrPC, imposing conditions or riders before such bail has been left to the discretion of the court. However, in the UP amendment, we have made certain riders mandatory like the accused would have to be present for interrogation whenever required by police, the accused will not threaten anyone directly or indirectly involved with the case and that the accused will not leave the country without the permission of the court,” a home department official said.
“There will be no anticipatory bail in cases where the punishment is a death sentence and also cases under the Gangster’s Act,” the official said.
Apart from Uttar Pradesh and Uttarakhand, all other states have the provision of anticipatory bail.