Abolished in 76,UP wants to restore anticipatory bail

UP is considering restoring Section 438 of the CrPc,which enables a person apprehending arrest to approach the courts to seek anticipatory bail.

The provision for anticipatory bail was abolished in the state by the N D Tiwari government during the Emergency in 1976. The state government on Thursday made a submission in this regard before the Lucknow Bench of the Allahabad High Court. The HC is hearing a petition of Radhey Shyam who was falsely implicated in a criminal case. Pandey has argued that the state government has no power to repeal the said section and that SC,HC and the Law Commission have already asked the state to restore it.