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The Fate Of Anticipatory Bail In Uttar Pradesh

Anu H. Kirutthika, BA. LLB (Hons.), ICFAI Law School, IFHE, Hyderabad


The provision of Section 438 of Criminal Procedure Code was one of the rights which was scrapped during the 1975 emergency by the then Prime minister Indira Gandhi which led to suspension of personal liberty led to a state of curtailed freedoms and arbitrary arrests, as the government exercised unprecedented powers to suppress dissent and political opposition. It took several years for the Legal system to reinstate all the fundamental rights and recover from the impact of Emergency. But it took 43 years of struggle to reintroduce the provision of Anticipatory bail in the state of Uttar Pradesh as it was essential to ensure that the provision was properly defined and implemented to strike a balance between personal liberty and the interests of justice.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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