PREARREST BAIL: UP CABINET OKAYS BILL

WITH A RIDER Move comes 42 years after the provision of anticipatory bail was done away with in Uttar Pradesh

LUCKNOW : The UP cabinet on Tuesday cleared a bill proposing to restore pre-arrest bail (anticipatory bail) in the state with several riders to prevent its misuse, said a state government official. The step was taken 42 years after the provision of pre-arrest bail was done away with in UP. The decision is expected to provide relief to those who had to rush to the Supreme Court for anticipatory bail in case they faced arrest in criminal cases.

LUCKNOW: The Uttar Pradesh cabinet on Tuesday cleared a bill proposing to restore pre-arrest bail (anticipatory bail) in the state with several riders to prevent its misuse, said a state government official.

The step was taken 42 years after the provision of pre-arrest bail was done away with in Uttar Pradesh.

The decision to restore the provision is expected to provide relief to those who had to rush to the Supreme Court for anticipatory bail in case they faced arrest in criminal cases.

The pre-arrest bail law given in Section-438 of the Criminal Procedure Code was abolished in 1976 in UP soon after the Emergency.

In July this year, the Yogi Adityanath government had informed the Supreme Court that it would bring a bill to revive anticipatory bail. The government had made this submission when the court was hearing a public interest litigation petition, challenging withdrawal of the provision by Uttar Pradesh and Uttarakhand.

After being ratified by the UP assembly in the upcoming monsoon session, the bill will be sent to the central government.

“Unlike in the past, where only the high court was empowered to grant pre-arrest bail, the new bill will empower the sessions’ court also to allow anticipatory bail.

“No advance bail, however, will be given for such offences, in which the maximum punishment is death penalty,” said government spokesperson and cabinet minister Shrikant Sharma. He said several riders had been included in the proposed bill to ensure the provision was not misused.

These conditions included cooperating with the police/ investigating agency in the case, obeying summons and not leaving the country without informing the authorities.

A similar attempt to reintroduce the anticipatory bail provision was made by the Mayawati government in 2010 but the then President of India had returned the bill, seeking clarifications on certain points after which the issue was forgotten.

INCENTIVES FOR INVESTORS

To attract investment, the cabinet meeting chaired by CM Yogi Adityanath also approved a proposal to give incentives to 10 companies in the state to set up projects worth Rs 3630 crore. The projects will create many job opportunities in five years.

LAND FOR SUPER SPECIALTY HOSPITAL IN CHANDAULI

The cabinet also cleared a proposal related to transfer of 5.09 acre land to BRS Health and Research Institute Private Limited for the construction of a 400bed super specialty hospital in Chandauli.

“The hospital will provide world-class health facilities, especially to residents of Chandauli, Varanasi and the adjoining districts,” said Sharma.

SUPPLEMENTARY BUDGET PROPOSALS

Approval was also given to supplementary budgetary proposals to be tabled in the Monsoon session of the UP assembly on August 27.

The meeting ended with a two-minute silence in respect of former Prime Minister Atal Bihari Vajpayee.