After Uttar Pradesh governments decision to re-introduced anticipatory bail in the State, the Allahabad High Court has notified the procedure to be followed while filing the applications in this regard.
Section 438 of the Code of Criminal Procedure, 1973, which had been omitted by Uttar Pradesh government during the Emergency was reinserted by the Government with effect from June 6, 2019.
As per the notification, anticipatory bail application must bear Court fee of Rs.5/- and it must be supported by an affidavit of the person apprehending arrest.
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.
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.
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.
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.
Read the notification below.
