The Lucknow Bench of the Allahabad High Court asked the state counsel on Thursday to take instructions from the state government on the restoration of Section 438 of the CrPc. The section empowers the High Court and Sessions Courts to entertain anticipatory bail applications. While anticipatory bail application provisions are applicable in other states,in Uttar Pradesh the provisions were repealed through an amendment in UP Act Number 16 of 1976. We had reminded the court that despite instructions from the Supreme Court,the High Court and the the Law Commission,the state government is yet to restore the said CrPC section, said Ashok Pande,counsel of the petitioner. The Bench of Justices Pradeep Kant and Shabihul Hasnain passed the order while hearing the petition of one Radhey Shyam who had moved the court praying for restoration o the said clause after he was implicated in a case. The court will hear the matter again on April 19.
