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2025 DAILYLAW 111512 (ALL)

SHIVPUJAN PANDEY v. STATE OF U.P. AND 3 OTHERS

BAILC/587/2024 · 2025-04-29

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68194 Court No. - 86 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 587 of 2024 Applicant :- Shivpujan Pandey Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Brahma Prakash Tripathi,Satya Prakash Tripathi Counsel for Opposite Party :- Abhishek Mishra,G.A.,Ram Bali Ram 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.4 in Case Crime No.0320 of 2024 under Section 386 I.P.C., Police Station Naini, District Prayagraj. 2. List revised. None appears to press this bail cancellation application either on behalf of the applicant or on behalf of the opposite party no.4. However, learned A.G.A. is present. 3. It has been averred in paragraph nos.7 of the affidavit accompanying the bail cancellation application that the opposite party nos.4 after released from jail, the opposite party no.4 and his sons 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. 4 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. Office is directed to communicate the order passed by this Court to the concerned Court below. 8. With the aforesaid observations, the instant bail cancellation application stands disposed of. Order Date :- 30.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad