As per sub-section 5 of Section 438 of Cr.P.C. of Uttar Pradesh State Amendment "the High Court or Court of Session, as the case may be, shall finally dispose off an application for grant of anticipatory bail under sub-section 1 of Section 438 of Cr.P.C. within 30 days of the date of such application. Under subsection 3 of Section 438 of Cr.P.C. "where the Court grants interim order under sub-section (1), it shall forthwith cause a notice being not less than seven days notice, together with a copy of such order to be served on the Public Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being heard and when the application shall be finally heard by the Court". Meaning thereby, the anticipatory bail application is to be heard and finally decided within 30 days of the date of such application and in the present case, Court has granted ad interim relief till the next date fixed for final hearing i.e. 3.8..2021. Meaning thereby, date was fixed after more than one and half months for hearing of this anticipatory bail application, which is contrary to sub-section 5 of Section 438 of Cr.P.C., written as above.
