Anticipatory bail is back in Uttar Pradesh after almost 33 years. The provision of pre-arrest bail was scrapped in 1976 during the Emergency. The accused will now get advance bail in the state in cases of non-bailable offences.
The Bill was passed by both houses of the state legislature last year in August. President Ram Nath Kovind has approved the Amendment Bill in Section 438 of the CrPC.
The Allahabad High Court and the apex court had been pressing the state government to re-apply this law. The State Law Commission also recommended the re-implementation of this system in its third report in 2009.
Apart from Uttar Pradesh and Uttarakhand, all other states have the provision of anticipatory bail.
In 2010, a bill in this regard was cleared by the Uttar Pradesh Assembly and sent to the Centre for approval. However, it was put on hold. The then Mayawati government had passed a Bill that year and sent it to the President but it was sent back with suggestions for some modifications.
In July last, in an application before the Supreme Court, the state government had given assurance that the provision would be re-introduced.