Dismissed

Tula Ram v. State of U.P. and Another

Allahabad HC23 Aug 2023BAILC/137/2023

Case brief

AI extract

What is this about?

Application to cancel bail granted to an accused for allegedly violating conditions and threatening witnesses was disposed of upon the court's view that the informant has a remedy under the Witness Protection Scheme, 2018.

What did the court decide?

The application was disposed of with a direction to the applicant to move an application under the Witness Protection Scheme, 2018 within a week.

Tula Ram Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC:170028

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 137 of 2023

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Applicant :- Tula Ram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kumar Shukla Counsel for Opposite Party :- G.A.,Anurag Kumar Pandey

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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.443 of 2022, under Sections 363, 376, 328, 342 IPC and section 3/4 POCSO Act, Police Station Bhamaura, District Bareilly.

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Learned counsel for the applicant-informant submits that the accused-opposite party nos.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 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

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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 :- 23.8.2023

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RPD

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Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad

Tula Ram v. State of U.P. and Another

Case brief

What is this about?

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Tula Ram v. State of U.P. and Another

Case brief

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