Asia & Australia

September 24, 2018

Hereon, accused can get anticipatory bail in High Court, lower courts: Uttarakhand HC


The Uttarakhand High Court has ruled that Section 438 of the Criminal Procedure Code (CrPC), 1973, pertaining to anticipatory bail “shall be applicable in the state of Uttarakhand”, implying that an accused in Uttarakhand will be able to get anticipatory bail in the lower courts and High Court.

The Uttarakhand High Court further ruled that since the Uttarakhand government had not adapted Section 9 of the CrPC (Uttar Pradesh Amendment) Act, 1976, “the same will not be applicable to Uttarakhand”.

A division bench of Acting Chief Justice Rajiv Sharma and Justice Manoj Kumar Tiwari issued the order while hearing a special appeal filed by Vishnu Sahai and Mohan Kumar Mittal.

Ever since the Uttar Pradesh government, through an amendment, cancelled the anticipatory bail provision in 1976, there had been no provision of applying for anticipatory bail in Uttar Pradesh. Uttarakhand came into being on the basis of the UP Reorganization Act, 2000. However, Uttarakhand did not adapt Section 9 of the CrPC (Uttar Pradesh Amendment) Act, 1976, the Chief Standing Counsel apprised the Uttarakhand High Court.

The bench thus ruled, “Adaptation/legislation is a question of vital public importance. Section 9 of the CrPC (UP Amendment) Act, 1976, affects the personal liberty of the person... We, after hearing counsel for the parties, are of the considered view that neither the CrPC (UP Amendment) Act, 1976, as a whole, nor its Section 9 has been adapted by Uttarakhand in terms of Section 87 of the UP Reorganization Act, 2000. Thus, Section 9 of CrPC (UP Amendment) Act, 1976, will not be applicable in Uttarakhand.”

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