Anticipatory bail back in UP

The UP Government on Friday approved reintroduction of the provision of anticipatory bail, a legal measure abolished 34 years ago. The decision was taken at a Cabinet meeting chaired by CM Mayawati. taken at a Cabinet meeting chaired by CM Mayawati. The anticipatory bail system would be reintroduced in Uttar Pradesh after almost three decades with some conditions. The State Cabinet, which met on Friday, finalised the Bill bringing amendment in the Criminal Procedural Code, thus facilitating implementation of the clause of anticipatory bail.

A UP Government spokesman said Section 438 of the CrPC would be amended through a legislation in the forthcoming Monsoon Session of the Legislature. Section 438 of the Criminal Procedural Code (Uttar Pradesh Amendment) Act, 1976, was amended in 1976 by the then State Government, abolishing the anticipatory bail system in the State.

“The decision to re-introduce anticipatory bail was taken following recommendation of a high-level committee,” the spokesman said.

The committee, headed by State Advisory Council Chairman Satish Chandra Mishra, had given its recommendation to revive the system. The UP Advocate General, Principal Secretary (Home), Principal Secretary (Law), Principal Secretary (Parliamentary Affairs) and DGP were other members of this committee. The reprieve has, however, come with a rider. The anticipatory bail system would be applicable on only those cases where the maximum punishment is not more than 10 years imprisonment.

In another decision, the Cabinet has authorised Principal Secretary (Planning) to sign a memorandum of understanding with the Unique Identification Authority of India.

This decision would pave the way for early implementation of the UID number project in the Uttar Pradesh

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