Section 438 Cr P C [Anticipatory Bail] Applicable In Uttarakhand

Vishnu Sahai vs State of Uttarakhand

Uttarakhand HC

19/09/2018

Special Appeal No. 739 of 2018

About/from the judgment:

The Uttarakhand High Court has declared that provision for anticipatory bail under Section 438 of the Code of Criminal is applicable in the State of Uttarakhand.

 

Section 438 of CrPC was made inapplicable in State of Uttar Pradesh, from which Uttarakhand was carved out in 2000, as per Section 9 of the Code of Criminal Procedure(Uttar Pradesh) Amendment 1976. The issue was whether the suspension of anticipatory bail provision as per 1976 UP Amendment was applicable to Uttarakhand as well.

 

Raising this issue, a writ petition was filed in the Uttarakhand High Court seeking a declaration that Section 9 of the UP Amendment is not applicable to Uttarakhand. The learned Single Judge however dismissed the writ petitions. In the intra-court appeal, the Division Bench reversed the dismissal.

 

The Division Bench of Acting Chief Justice Rajiv Sharma and Justice Manoj Kumar Tiwari noted that as per Section 87 of the Uttar Pradesh Reorganization Act 2000, the laws of Uttar Pradesh will be applicable to Uttarakhand beyond the period of two years from the formation of Uttarakhand only if the state specifically adopts those laws. The DB further noted that no Legislation, has been brought, till date, to adopt Section 9 of the Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 1976.

 

“We, after hearing learned Counsel for the parties, are of the considered view that neither the Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 1976 (U.P. Act No.16 of 1976), as a whole, nor Section 9 of the Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 1976 (U.P. Act No.16 of 1976) has been adapted by the State of Uttarakhand in terms of Section 87 of the U.P. Reorganization Act, 2000. Thus, Section 9 of the Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 1976 (U.P. Act No.16 of 1976) will not be applicable in the State of Uttarakhand”., observed the bench.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use
Please reload

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

© 2018 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.