Summary:
Nainital: Anticipatory bail can now be granted by lower courts in Uttarakhand. Until now, those seeking anticipatory bail in the state had to knock on the doors of the high court in Nainital.The division bench of acting chief justice Rajiv Sharma and justice Manoj Kumar Tiwari said that Section 438 of the Code of Criminal Procedure (CrPC), which empowers the high court and the sessions court to grant anticipatory bail, would now be applicable in the state.The court also observed that since provisions of Section 9 of the Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 1976 have not been adapted/legislated in Uttarakhand, the same will not be applicable to the hill state.Kartikey Hari Gupta, a legal expert, said, “Provision for anticipatory bail is a big relief for the people in the state.”.