The High Court disposed of a bail cancellation application by directing the applicant to utilize the Witness Protection Scheme, 2018, for grievances regarding threats, citing the *Mahender Chawla* precedent.
Disposed; directed applicant to move appropriate application under Witness Protection Scheme 2018 within a week.
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Neutral Citation No. - 2023:AHC:192214
Court No. - 68
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 111 of 2021
Applicant :- Fakir Chand Gautam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shekhar Gangal Counsel for Opposite Party :- G.A.,Sudhir Kumar Agarwal
Hon'ble Dr. Gautam Chowdhary,J.
The instant bail cancellation application has been moved on behalf of the informant for cancelling the bail granted to the accusedopposite party no.2 in Case Crime No.158 of 2020 under Sections 498A, 304B I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Manth, District Mathura.
Learned counsel for the applicant-informant submits that the accused-opposite party no.2 was granted bail by the learned court below however, the accused-opposite party no.2 after releasing from jail started giving threatening to the applicant and his family members.
Learned A.G.A. submits that the informant has a remedy available under the Witness Protection Scheme Scheme, 2018 and thus the instant bail cancellation application may be disposed of in the light of protection granted to the witnesses under the Witness Protection Scheme, 2018.
In view of the submissions made by learned A.G.A., this Court is of the opinion, that the applicant has remedy available to him under Witness Protection Scheme, 2018, which scheme has been approved by Hon'ble Apex Court in Mahender Chawla and others
Vs. Union of India reported in (2019) 14 SCC 615.
Accordingly, present bail cancellation application is disposed of with a direction, in case, the informant-applicant moves appropriate application on the proforma prescribed in the Witness Protection Scheme 2018 alongwith a certified copy of this order for redressal of his grievances, as raised in the instant bail cancellation application, before the competent authority as has been defined under Section 2 (c) of the Witness Protection Scheme, 2018 within a week from today, same shall be considered and decided as expeditiously as possible, preferably within a period of one month from date of filing such application, strictly in accordance with the Witness Protection Scheme 2018.
Order Date :- 5.10.2023 S.Ali
Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court can dispose of a bail cancellation application by directing the applicant to seek relief under the Witness Protection Scheme, 2018.
Colour shows how this judgement treated each authority
Mahender Chawla and others Vs. Union of IndiaReferred¶9
(2019) 14 SCC 615 · Who else cites this
1 provisions across 1 enactments
Fakir Chand Gautam
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
