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Anticipatory bail, under section 438 of the Code of Criminal Conduct, has been declared applicable in Uttarakhand by the Uttarakhand High Court. As per Section 9 of the Code of Criminal Procedure(Uttar Pradesh) Amendment 1976, from which Uttarakhand was carved out in 2000, Section 438 of CrPC was made inapplicable in State of Uttar Pradesh.
Raising the issue of the application suspension of anticipatory bail provision in Uttarakhand,as per 1976 UP Amendment, a writ petition was filed in the Uttarakhand High Court seeking a declaration that Section 9 of the UP Amendment is not applicable to Uttarakhand. The writ petition was first dismissed by the single judge, which was then reversed by the Division Bench in an intra-court appeal.
The Division Bench, comprising of Acting Chief Justice Rajiv Sharma and Justice Manoj Kumar Tiwari, noted that as per Section 87 of the Uttar Pradesh Reorganization Act 2000, the laws of Uttar Pradesh will be applicable to Uttarakhand, beyond the period of two years after the formation of Uttarakhand, only if the state specifically adopted those laws. Furthermore, it noted that no Legislation has been brought, till date, adopting Section 9 of the Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 1976. Thus, Section 9 of the Code of Criminal Procedure( Uttar Pradesh Amendment) Act, 1976 was found to be not applicable in the State of Uttarakhand.
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