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2025 DAILYLAW 104954 (ALL)

MOHD SALMAN v. STATE OF U.P. AND ANOTHER

BAILC/523/2024 · 2025-05-07

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75034 Court No. - 86 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 523 of 2024 Applicant :- Mohd Salman Opposite Party :- State of U.P. and Another Hon'ble Dr. Gautam Chowdhary,J. 1. 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 18.09.2024 passed by learned Sessions Judge, Bijnor in Case Crime No.242 of 2024 under Sections 420, 467, 468, 471, 504,506 I.P.C., Police Station Nehtaur, District Bijnaur. 2. List revised. None appears to press this bail cancellation application on behalf of the applicant. 3. It has been averred in paragraph nos.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. 4. 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. 5. 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. 6. 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. 7. 7. The Registrar (complinace) of this Court is directed to communicate the order passed by this Court to the concerned Court below forthwith. 8. 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