Maina Devi vs State of U.P. and Another — Murder and Culpable Homicide | Allahabad HC (2025)

Maina Devi vs State of U.P. and Another — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail cancellation application disposed of with a direction: the informant-applicant may move an appropriate application on the proforma prescribed in the Witness Protection Scheme 2018, with a certified copy of this order, before the competent authority (Section 2(c) of the Scheme) within a week; it shall be considered and decided expeditiously, preferably within one month, strictly in accordance with the Scheme.

Issue for consideration

Whether the bail granted to the accused-opposite party no. 2 (Case Crime No. 355 of 2023, Sections 302, 201, 120B I.P.C., P.S. Chauri Chaura, District Gorakhpur) should be cancelled on the informant-applicant's allegation that the accused, after release from jail, made pressure and gave threatening to her to compromise the matter.

Court's answer

In view of the submissions made by learned A.G.A., this Court is of the opinion that the applicant-informant has a remedy available to him under the Witness Protection Scheme, 2018, which scheme has been approved by the Hon'ble Apex Court in Mahender Chawla and others v. Union of India, (2019) 14 SCC 615.

Ratio / Principle

The bail cancellation application is disposed of with a direction that if the informant-applicant moves an appropriate application on the proforma prescribed in the Witness Protection Scheme 2018, along with a certified copy of this order, before the competent authority defined under Section 2(c) of the Scheme within a week from today, his grievances raised in the bail cancellation application shall be redressed thereunder.

Key takeaways

Such application before the competent authority shall be considered and decided as expeditiously as possible, preferably within a period of one month from the date of filing, strictly in accordance with the Witness Protection Scheme 2018.ratio¶13

Detailed headnote1 paragraphs

BAIL CANCELLATION — INFORMANT'S ALLEGATION OF POST-RELEASE INTIMIDATION — REDIRECTION TO WITNESS PROTECTION SCHEME, 2018. Informant Maina Devi sought cancellation of bail granted to the accused (opposite party no. 2) in Case Crime No. 355 of 2023 under Sections 302, 201, 120B I.P.C., P.S. Chauri Chaura, District Gorakhpur, alleging that after release from jail the accused made pressure and gave threatening to her to compromise the matter; opposite party no. 2 was unrepresented despite service of notice. Relying on the A.G.A.'s submission, the Court held that the applicant has a remedy under the Witness Protection Scheme, 2018, approved by the Hon'ble Apex Court in Mahender Chawla and others v. Union of India, (2019) 14 SCC 615, and disposed of the application with a direction that if the informant moves an appropriate application on the Scheme's prescribed proforma, with a certified copy of the order, before the competent authority defined under Section 2(c) of the Scheme within a week, it shall be considered and decided as expeditiously as possible, preferably within one month, strictly in accordance with the Scheme. (Dr. Gautam Chowdhary, J.; Order dated 1.8.2025)

Neutral Citation No. - 2025:AHC:130183

Court No. - 70

Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 184 of 2024

Applicant :- Maina Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Maurya Counsel for Opposite Party :- G.A.

Hon'ble Dr. Gautam Chowdhary,J.

Despite service of notice upon opposite party No. 2 no one has appeared on his behalf, even in the revised list.

Heard learned counsel for the informant-applicant, as well as learned A.G.A. for the State and perused the record.

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. 355 of 2023, under Sections 302, 201, 120B I.P.C., Police Station Chauri Chaura, District Gorakhpur.

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 after released from jail started making pressure and giving threatening to the applicant to compromise the matter.

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 :- 1.8.2025

Mustaqeem.

Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad