Recently the U P Government has revived the provision for anticipatory bail in the State . The Allahabad High Court has issued notice containing the procedure for filling anticipatory bail application.
NOTICE
Learned
Counsels are requested to refer the Code of Criminal Procedure (Uttar Pradesh
Amendment) Act 2018 (UP Act 04/2019) UP Government Notification no.
1058(2)/LXIX-V-1-19-1(KA)-20-2018 dated 06-06-2019 for grant of Anticipatory
Bail under section 438 of Cr.P.C. to person apprehending arrest. In the above
matter, I have been directed to notify following direction of the Hon'ble Court
for :
(1) The application must bear Court
fee of Rs.5/- as prescribed for application.
(2) The application must be supported
by an affidavit of the person apprehending arrest.
(3) The Second paragraph of the
affidavit filed in support of the application must contain the reason to
believe that deponent apprehending arrest on accusation of a non bailable
offence with particulars i.e. Case Crime Number, Police Station, and Section(s)
under which arrest is apprehended, if the same is known to the deponent.
(4) The third paragraph of the
affidavit filed in support of the application must contain that apprehended
accusation does not fall under the offences provided under sub section (6) of
the section 438 CrPC.
(5) The fourth paragraph of the
affidavit filed in support of the application must contain that the deponent
has not filed any previous application under section 438 CrPC before this
Hon'ble Court either at Allahabad or Lucknow or before any other High Court in
India, pertaining to the same subject matter.
(6) The fifth paragraph of the
affidavit filed in support of the application must contain information as to
whether any application under section 438 CrPC has been moved before the Court
of Sessions having Jurisdiction and the status/result of that application and
must be substantiated with relevant documents.
Sd/- O.S.D. (J)
(Criminal)
01.07.2019
