V Kumar Singh (consultant) 20 June 2010

Validity of Anticipatory Bail of other state in UP

Respected Members

A lives(Domicile) in Karntaka and B filed 498a against him in Uttarpradesh where A Never went, and Uttarpradesh do not have provision of Anticipatory ,except stay on arrest from allahabad high court. Now if A takes Anticipatory/Transit Bail form Karnataka State then what is the validity of this Bail in Uttarpradesh while granting Permanent Bail.

Can Police arrest the accused who enters in uttarpradesh with Anticipatory/Transit Bail, from Karnataka?

Can Judge in uttarpradesh reject or delay his Permamnet Bail Application and can send him JC even after getting Anticipatory Bail from Other State(Karnataka).

Please reply !

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3 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 27 June 2010

I don't think that the AB of another state would be applicable in UP. Better to go for stay with Hon'ble HC.

venkatkrishna (AGM) 04 August 2010

Yes Rakhi is correct. Dont take chance. Approach H.C only. In several instances Sureme Court also advised UP state Govt to amend the law but did not hear. Once S.C directly sent circulars to all district court to grant bails. But UP courts are in confusion, how to follow the rule as there is no law for the same.

See how our fundamental right is effected in the state of U.P. This state don't care supreme court directions also. It is also surprising, how the APEX court could not do any thing for the subject issue.

V Kumar Singh (consultant) 04 August 2010

https://timesofindia.indiatimes.com/india/Anticipatory-bail-provision-back-in-UP-after-34-years/articleshow/6237783.cms Now the provision of AB is back in UP, what can be the stands now?,, But for now I already have taken Stay from Allahabad High Court..