Sunita Jaiswal @ Soni v. State of U.P. and Another
Case brief
What is this about?
In a bail cancellation application filed by the victim seeking cancellation of bail granted to the accused Arvind Jaiswal on grounds of alleged threats, the High Court of Allahabad rejected the application. The Bench observed that no application was filed under the Witness Protection Scheme despite the availability of such a provision for witness safety.
What did the court decide?
The bail cancellation application was rejected as no application was filed under the Witness Protection Scheme.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 711 of 2023
Applicant :- Sunita Jaiswal @ Soni Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Murari Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
- List revised.
- Heard Sri Krishna Murari Tripathi, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.
- This bail cancellation application under Section 439 (2) of Code of Criminal Procedure has been filed for cancellation of bail granted to the opposite party no.2- Arvind Jaiswal vide order dated 15.09.2023 passed by the Additional Sessions Judge / Fast Track Court- First, Chandauli in Criminal Misc. Bail Application No. 1347 of 2023 (Arvind Jaiswal @ Golu vs. State of U.P.) arising out of Case Crime No. 0085 of 2023, under Sections 376 (2) (n), 506 I.P.C., Police Station Dhina, District Chandauli.
4.The present bail cancellation application has been filed on the ground that the accused-opposite party no.2 is threatening the victim due to which she is unable to go to the trial court to give her testimony. An application dated 16.10.2023 sent by registered post to the Superintendent of Police, Chandauli is being placed before the Court to butress the said argument. A photocopy of the postal receipt and a photocopy of the said application is annexed as Annexure-5 to the affidavit. It is argued that as such there is misuse of the bail granted to the opposite party no.2.
Issues for consideration
1 issue framed by the court
Whether bail granted to accused opposing party should be cancelled on grounds of alleged threats against the victim witness.
Parties & counsel
- applicant
Sunita Jaiswal
Coram
Samit Gopal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAILC/711/2023
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