Ikbal Jahan Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

Ikbal Jahan Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with a direction to the informant-applicant to move an appropriate application on the prescribed proforma under the Witness Protection Scheme, 2018, with a certified copy of the order, before the competent authority under Section 2(c) of the Scheme within a week; the competent authority to consider and decide it expeditiously, preferably within one month, strictly in accordance with the Scheme.

Issue for consideration

Whether the bail granted to accused-opposite party no.2 should be cancelled on the allegation that, after release from jail, he pressured and threatened the informant-applicant.

Court's answer

The informant-applicant has a remedy available 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.

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, alongwith a certified copy of the order, before the competent authority defined under Section 2(c) of the Scheme within a week, the same shall be considered and decided as expeditiously as possible, preferably within one month, strictly in accordance with the Scheme.

Detailed headnote1 paragraphs

Allahabad High Court (Dr. Gautam Chowdhary, J.) disposed of a bail cancellation application filed by the informant (Ikbal Jahan) seeking cancellation of bail granted on 13.06.2024 by the Additional District and Sessions Judge, Court No.9, Ghaziabad to the accused-opposite party no.2 in Case Crime No.279 of 2024 under Sections 394, 411 I.P.C., Police Station Vijay Nagar, District Ghaziabad, on the ground that the accused, after release, pressured and threatened the informant. Accepting the A.G.A.'s submission, the Court held that the informant's remedy lies under the Witness Protection Scheme, 2018, approved by the Supreme Court in Mahender Chawla and others Vs. Union of India, (2019) 14 SCC 615, and directed that if the informant applies 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, the application shall be considered and decided expeditiously, preferably within one month, strictly in accordance with the Scheme.

Neutral Citation No. - 2025:AHC:75022

Court No. - 86

Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 437 of 2024

Applicant :- Ikbal Jahan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Afzal Ahmad Khan Durrani,Rohit Sharma

Counsel for Opposite Party :- G.A.

Hon'ble Dr. Gautam Chowdhary,J.

Heard learned counsel for the informant-applicant, learned A.G.A. for the State, 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 accused-opposite party no.2 vide order dated 13.06.2024 passed by learned Additional District and Sessions Judge, Court No.9, District Ghaziabad in Case Crime No.279 of 2024 under Sections 394, 411 I.P.C. Police Station Vijay Nagar, District Ghaziabad.

Learned counsel for the applicant-informant submits that the accused-opposite party no.2 was granted bail by the learned Court below, however, the accused-opposite party no.2 after released from jail started making pressure and giving threatening to the applicant for dire consequences.

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 :- 8.5.2025

S.Ali

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