JUDGMENT :

Rajiv Sharma, J.

1. Applications (CLMA 14262 and 14264 of 2018) seeking exemption to file certified copy of the impugned judgment is allowed. Appellant is exempted from filing certified copy of the impugned judgment dated 11.9.2018.

2. Since common questions of law and facts are involved, the present appeals have been taken up together and are decided by this common judgment. For the sake of clarity, facts of SPA No. 740 of 2018 have been taken into consideration.

3. Appellant(s) has laid challenge to the judgment dated 11.9.2018 rendered by a learned Single Judge of this Court in WPMS No. 2681 of 2018 and analogous petition.

4. Key facts, necessary for the adjudication of these appeals, are that the appellant(s), before the Writ Court, sought a direction, declaring the provisions contained under Section 9 of the Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 1976 (U.P. Act No. 16 of 1976), as applicable to the State of Uttarakhand, as ultra vires being violative of Articles 14, 19, 21 and 22 of the Constitution of India. Learned Single Judge dismissed the writ petitions on 11.9.2018. Hence these appeals.

5. The State of Uttar Pradesh, by an amendment carried out by way of Section 9 of the Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 1976 (U.P. Act No. 16 of 1976), has omitted Section 438 of the Code of Criminal Procedure, 1973.

6. The State of Uttarakhand came into existence on 09.11.2000 on the basis of the Uttar Pradesh Reorganisation Act, 2000. Section 2(f) of the Act, being a dictionary clause, defines 'law' which reads as under:-

"law" includes any enactment, ordinance, regulation, order, bye- law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the existing State of Uttar Pradesh;

7. Attention of the Court has been drawn to Section 87 of the Uttar Pradesh Reorganisation Act, 2000 which reads as under:-

"Power to adapt laws.- For the purpose of facilitating the application in relation to the State of Uttar Pradesh or Uttaranchal of any law made before the appointed day, the appropriate Government may, before the expiration of two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.

Explanation.- In this section, the expression" appropriate Government" means as respects any law relating to a matter enumerated in the Union List, the Central Government, and as respects any other law in its application to a State, the State Government."

8. Section 87 of the Act is pari materia with Section 89 of the Punjab Reorganisation Act, 1966 (Act 31 of 1966).

9. Learned Counsel, appearing on behalf of the appellant(s), has placed strong reliance upon Section 87 of the Uttar Pradesh Reorganisation Act, 2000.

10. Learned Chief Standing Counsel, appearing for the State Government, has relied upon Sections 2(f), 86 and 87 of the Uttar Pradesh Reorganisation Act, 2000.

11. Section 438 of the Code of Criminal Procedure, 1973 reads as under:-

"(1) Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Sessions for a direction under this Section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors, namely:

(i) The nature and gravity of the accusation;

(ii) The antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;

(iii) The possibility of the applicant to flee from justice; and

(iv) Where the accusation has been made with the obje