Allowed the informant to move an application under the Witness Protection Scheme, 2018 instead of insisting on bargain cancellation due to witness threats, directing disposal within one month.
Bail cancellation application disposed of with direction to move an application under Witness Protection Scheme, 2018 within a week.
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Neutral Citation No. - 2023:AHC:172016
Court No. - 68
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 145 of 2022
Applicant :- Babuuddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Tej Kulshrestha Counsel for Opposite Party :- G.A.,Sunil Vashisth
Hon'ble Dr. Gautam Chowdhary,J.
Counter affidavit filed by learned counsel for the opposite party no.2 today in the Court is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the opposite party no.2 and perused the material on record.
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.50 of 2017 under Sections 363, 366, 376 I.P.C., Section 3/4 of Protection of Children from Sexual Offence Act, Police Station Loni Border, District Ghaziabad.
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.
Learned A.G.A. as well as learned counsel for the informant 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 :- 25.8.2023 S.Ali
Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the informant has a remedy under the Witness Protection Scheme, 2018 for alleging witness threats instead of moving for bail cancellation.
Whether the bail cancellation application should be disposed of directing the informant to approach the competent authority under the Witness Protection Scheme, 2018.
Colour shows how this judgement treated each authority
Mahender Chawla and others Vs. Union of IndiaReferred¶12
Mahender Chawla and others Vs. Union of India reported in (2019) 14 SCC 615 · Who else cites this
Babuuddin
Dr. Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
