Hon’ble Allahabad High Court while dealing with the petition here on 14-03-2019 in the case of “Amit Kumar Jha v. State Of U.P. And Another” stated that since there is no provision of Anticipatory Bail in U.P, the trial court shall have to consider the bail application on merit in accordance with law.

BRIEF FACTS OF THE CASE

This application was filed under Section 482 of the Code of Criminal Procedure, 1973, for quashing of the summoning order dated 12th October, 2018 as well as the entire proceedings of Case No. 2456 of 2018 (State v. Haseen Khan and others) arising out of Case Crime No.- 387 of 2018, under Sections- 420, 467, 468, 471 I.P.C., Police Station- Ganj, District- Rampur, pending in the court of Additional Chief Judicial Magistrate-III, Rampur.

It was further stated by the applicant that he is ready to face the criminal proceedings at this stage, however, he wants that in case if he surrenders/ appears pursuant to charge sheet dated 5th October, 2018 in question before the court below within certain period as may be prescribed by this Court, his bail application should be considered

DECISION OF THE COURT

Hon’ble Court held that since there is no provision of Anticipatory Bail in U.P, the trial court shall have to consider the bail application on merit in accordance with law and the trial Court is to consider the grant of interim bail if a person is to be sent to jail for pending final disposal of his bail application.

Thus, the court finally held that if the applicant surrenders before the court concerned within 30 days from today, his bail application including interim bail application shall be considered.

Read the full Judgement Here

http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=7094657