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IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. 70/2015
SANJEEV BHATNAGAR .. PETITIONER(S)
VERSUS
UNION OF INDIA & ANR. .. RESPONDENT(S)
O R D E R
1. By this petition, the petitioner had
sought for the recommendation of the
provisions of anticipatory bail vide Section
438 Cr.P.C. in the States of Uttar Pradesh
and Uttarakhand. The State of Uttar Pradesh
had rendered Section 438 Cr.P.C.
inapplicable by virtue of an Uttar Pradesh
Amendment Act, 1976 (Act No. 16/1976). The
State legislature of Uttarakhand, which was
formed as a result of Re-Organisation
continued this position and the provision of
anticipatory bail was not available with that
State.
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2. While this petition was pending, the
State of Uttar Pradesh has passed an
amendment, namely, Criminal Procedure Code
(Uttar Pradesh Amendment) Bill, 2018 for
reintroducing Section 438 Cr.P.C., which is
awaiting the assent of the President of
India. As far as the State of Uttarakhand
is concerned, we are informed by learned
Deputy Advocate General that the State shall
contemplate an amendment similar to the
amendment passed by the State legislature of
Uttar Pradesh. However, the High Court of
Uttarakhand at Nainital in Special Appeal
Nos. 739 and 740 of 2018 has by a judgment
dated 19.09.2018 declared that since Section
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