Allahabad High Court issued a notice requesting learned counsels to refer to the Code of Criminal Procedure (Uttar Pradesh Amendment) Act 2018 (UP Act 04/2019) U.P. 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 CrPC to person apprehending arrest.
Following is the direction of the High Court in regard to the filing of an application for Anticipatory Bail:
(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.
[Notice dt. 01-07-2019]
Allahabad High Court
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