Chandeshwar Chaursia Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

Chandeshwar Chaursia Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail not cancelled; applicant redirected to the Witness Protection Scheme, 2018 (application on prescribed proforma, with certified copy of the order, before the competent authority under S. 2(c) of the Scheme within a week, to be decided preferably within one month); Registrar (Compliance) to communicate the order to the court below.

Issue for consideration

Whether the bail granted to accused-opposite party no.2 (order dated 27.09.2023, learned Sessions Judge, Deoria, in Case Crime No. 088 of 2023) should be cancelled on the averment that, after release from jail, he has been tampering with evidence and threatening the applicant-informant and other witnesses.

Court's answer

This Court is of the opinion that the applicant 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 Vs. Union of India, (2019) 14 SCC 615; the grievance raised in the bail cancellation application is therefore to be redressed through that Scheme.

Ratio / Principle

Directions issued: if the trial has not been concluded and the informant-applicant apprehends danger to life and liberty, he may move an appropriate application on the proforma prescribed in the Witness Protection Scheme 2018, alongwith a certified copy of this order, before the competent authority defined under Section 2(c) of the Scheme within a week; such application shall be considered and decided expeditiously, preferably within one month of filing, strictly in accordance with the Scheme.

Key takeaways

The Registrar (Compliance) of this Court is directed to communicate the order passed by this Court to the concerned Court below forthwith.ratio¶¶13

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 86; Dr. Gautam Chowdhary, J.; Order date 8.5.2025; Neutral Citation 2025:AHC:75043) — Criminal Misc. Bail Cancellation Application No. 21 of 2024, Chandeshwar Chaursia (informant-applicant) v. State of U.P. and Another: The informant sought cancellation of bail granted to accused-opposite party no.2 vide order dated 27.09.2023 of the learned Sessions Judge, Deoria, in Case Crime No. 088 of 2023 under Sections 147, 323, 336, 427, 504, 506, 392, 411 I.P.C., Police Station Bhatparrani, District Deoria, on affidavit averments (paras 11-12) that the accused, after release from jail, had been tampering with evidence and threatening the applicant and other witnesses. On revised listing none appeared for either side. Relying on the learned A.G.A.'s submission, and noting that the Witness Protection Scheme, 2018 has been approved by the Apex Court in Mahender Chawla and others Vs. Union of India, (2019) 14 SCC 615, the Court opined that the applicant's remedy lies under the Witness Protection Scheme, 2018 rather than through cancellation of bail, and directed that he move an application on the prescribed proforma, with a certified copy of the order, before the competent authority under Section 2(c) of the Scheme within a week, to be decided preferably within one month strictly in accordance with the Scheme. Registrar (Compliance) directed to communicate the order to the court below. Bail cancellation application disposed of.

Neutral Citation No. - 2025:AHC:75043

Court No. - 86

Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 21 of 2024

Applicant :- Chandeshwar Chaursia Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yatindra Kumar Dubey Counsel for Opposite Party :- G.A.,Noor Muhammad,Yogesh Kumar Srivastava

Hon'ble Dr. Gautam Chowdhary,J.

The instant bail cancellation application has been moved on behalf of the informant for cancelling the bail granted to the accused-opposite party nos.2 vide order dated 27.09.2023 passed by learned Sessions Judge, Deoria in Case Crime No. 088of 2023 under Sections 147, 323, 336, 427, 504, 506, 392, 411 I.P.C., Police Station Bhatparrani, District Deoria.

List revised. None appears to press this bail cancellation application either on behalf of the applicant or on behalf of the opposite party no.2.

It has been averred in paragraph nos.11, 12 of the affidavit accompanying the bail cancellation application that the opposite party nos.2 after released from jail started tampering the evidence and extending threats to the applicant and other witnesses. It is thus prayed that the bail granted to the accused-opposite party no. 2 may be cancelled.

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.

Keeping in mind that the instant bail cancellation application has been filed in the year 2018, thus in such circumstances in case, the trial has not yet not been concluded and that the informant-

applicant apprehends danger to his life and liberty, the applicant may move 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.

The Registrar (Compliance) of this Court is directed to communicate the order passed by this Court to the concerned Court below forthwith.

With the aforesaid observations, the instant bail cancellation application stands disposed of.

Order Date :- 8.5.2025

S.Ali

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