Disposed

Smt. Reeta Prakash v. State of U.P. and Another

Allahabad HC18 Aug 2023BAILC/118/2023

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What is this about?

Single judge disposed of a bail cancellation application for an accused facing IPC charges. Relying on the Witness Protection Scheme, 2018 cited the Supreme Court's approval in Mahender Chawla, directing the informant to redress grievances through that scheme rather than cancelling bail.

What did the court decide?

Application disposed; direction to applicant to lodge application under Witness Protection Scheme, 2018 within a week.

Smt. Reeta Prakash Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:166918

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 118 of 2023

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Applicant :- Smt. Reeta Prakash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Pal Counsel for Opposite Party :- G.A.,Ranjana

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Hon'ble Dr. Gautam Chowdhary,J.

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The instant bail cancellation application has been moved on behalf of the informant for cancelling the bail granted to the accused-opposite party no.2 in Case Crime No.445 of 2021 under Sections 498A, 306, 507 I.P.C., Police Station Sikandara District Agra

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Learned counsel for the applicant-informant submits that the accused-opposite party no.2 was granted bail subject to the conditions contained in the bail order, however, the accusedopposite party no.2 has violated the conditions of the bail and is threatening the witnesses of the case and in this regard, application has also been given by the applicant to the concerned Court below.

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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.

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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

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others Vs. Union of India reported in (2019) 14 SCC 615.

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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.

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Order Date :- 18.8.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Smt. Reeta Prakash v. State of U.P. and Another

Case brief

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Smt. Reeta Prakash v. State of U.P. and Another

Case brief

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