How to file anticipatory bail in Uttar Pradesh? Now you can file anticipatory bail under section 438 of the code of criminal procedure in the state of Uttar Pradesh. The state government by its notification dated 6 June 2019 has resumed the provision of section 438 crpc. Move an application before the court of sessions for anticipatory bail the High Court of Allahabad held in Harendra vs the state of U.P. that accused cannot move anticipatory bail application directly before the High Court.