UP Courts Canโ€™t Entertain Anticipatory Bail Pleas For Offences Punishable By Death As State Amendment Prohibits It:...

๐Ÿ“ Background

Anticipatory Bail (Section 438 CrPC): Provides that a person, who has reason to believe that he may be arrested on accusation of a non-bailable offence, may apply for bail in anticipation of arrest.

However, under the U.P. Amendment to Section 438 CrPC (1976 & subsequent modifications), the State of Uttar Pradesh deleted the provision for anticipatory bail altogether.

Later, anticipatory bail was reintroduced, but with restrictionsโ€”most importantly, anticipatory bail is not available for offences punishable with death penalty, life imprisonment, or imprisonment of more than 7 years.

โš–๏ธ Principle Laid Down

Restriction under U.P. Amendment:

Courts in Uttar Pradesh cannot entertain applications for anticipatory bail in cases where the offence is punishable with death penalty.

This is because the State amendment expressly prohibits such relief.

Article 21 and Liberty:

While anticipatory bail flows from the guarantee of personal liberty under Article 21, the legislature has the power to place reasonable restrictions by law.

Thus, the U.P. Amendment is constitutionally valid.

Judicial Discipline:

The High Court reiterated that lower courts cannot bypass the statutory bar and must adhere strictly to the provisions of the U.P. Amendment.

๐Ÿ“œ Relevant Case Laws

Gurbaksh Singh Sibbia v. State of Punjab (1980) 2 SCC 565

Landmark case interpreting Section 438 CrPC.

SC held that anticipatory bail is an important safeguard for personal liberty but can be restricted by statute.

Lavesh v. State (NCT of Delhi) (2012) 8 SCC 730

SC held that a person declared as an absconder or proclaimed offender is not entitled to anticipatory bail.

Kartar Singh v. State of Punjab (1994) 3 SCC 569

SC upheld restrictions on bail under TADA, holding that legislature can impose limitations on bail rights considering seriousness of offences.

State of U.P. v. Aman Mittal & Ors. (Allahabad HC)

The Court clarified that in U.P., anticipatory bail is not maintainable in cases where offence is punishable with death penalty due to the State amendment.

๐Ÿ›๏ธ Judicial Holding (U.P. Specific)

Courts in Uttar Pradesh cannot entertain anticipatory bail pleas in cases involving offences punishable with death penalty.

This is a statutory bar, not merely judicial discretion.

Any petition filed for such relief is not maintainable and must be rejected at the threshold.

๐Ÿ”‘ Key Takeaways

In U.P., anticipatory bail is barred by amendment for certain grave offences.

For offences punishable with death penalty, the bar is absolute โ†’ courts have no jurisdiction to grant such bail.

This restriction has been upheld as constitutionally valid since Article 21 rights can be reasonably restricted by law.

๐Ÿ‘‰ In short: In Uttar Pradesh, anticipatory bail cannot be granted for offences punishable by death, because the U.P. State Amendment to Section 438 CrPC expressly prohibits it.

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