1[(1) Notwithstanding, anything contained in the Code
of Criminal Procedure, 1973, no person charged with a criminal offence under this Act
or any rules made there under, while in custody, shall be released on bail or on his
own bond unless, -
(a) the Special Public Prosecutor is given an opportunity to oppose the application to such release; and
(b) where the Special Public Prosecutor opposes the application, the court is convinced that there is a reasonable basis for believing that he is not guilty of such an offence and that it is unlikely to commit any offence while on bail.
(2) The restrictions regarding grant of bail under sub-section (1) shall be in addition to the restrictions under the Code of Criminal Procedure, 1973.
(3) Under the provisions of this Act, every prosecutor of the State Prosecution Service, who has been engaged in the prosecution work for seven years, by whatever name it is known, shall be deemed to be a special public prosecutor.]
(a) the Special Public Prosecutor is given an opportunity to oppose the application to such release; and
(b) where the Special Public Prosecutor opposes the application, the court is convinced that there is a reasonable basis for believing that he is not guilty of such an offence and that it is unlikely to commit any offence while on bail.
(2) The restrictions regarding grant of bail under sub-section (1) shall be in addition to the restrictions under the Code of Criminal Procedure, 1973.
(3) Under the provisions of this Act, every prosecutor of the State Prosecution Service, who has been engaged in the prosecution work for seven years, by whatever name it is known, shall be deemed to be a special public prosecutor.]
1. Ins by sec 4 of U.P.Act no 20 of 2020