The Allahabad High Court ruled today that following the enforcement of the Bharatiya Nagarik Suraksha Sanhita (BNSS) from July 1, 2024—which repealed the CrPC—the previous restriction under Section 438(6) CrPC (as amended in Uttar Pradesh) no longer applies. That section had barred courts from granting anticipatory bail in cases punishable by death or life imprisonment.

In the case before the court, the applicant — Abdul Hameed, accused in a 2011 murder linked to local elections and facing possible life or capital punishment — was granted anticipatory bail. The bench observed that since BNSS omitted the bar, the earlier dismissal (for maintainability under CrPC) is now nullified, allowing the case to proceed on merits.