March 1, 2013

In UP, even if there is no provision for anticipatory bail, a party can approach HC with 226 petition to seek protection in event of arrest.

This I heard, during conversation in a case in Supreme Court.

Counsel was arguing that since There is no provision for anticipatory
Bail in UP, his client has filed 482 petition in HC, which is rejected by HC.

Counsel said that he only wants protection that his client may be granted bail in event of arrest by police, since there is no provision of anticipatory bail in UP.

One Judge said, in that case, even if there is no provision of Anticipatory Bail in Cr PC in UP, even than HC can grant relief in a petition under Art. 226 in the nature of anticipatory bail.

Haresh Raichura
1/3/2013