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2025 DAILYLAW 112455 (ALL)

ACHARYA MAHANT VIVEK DAS v. STATE OF U.P. AND ANOTHER

BAILC/598/2024 · 2025-04-22

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61658 Court No. - 86 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 598 of 2024 Applicant :- Acharya Mahant Vivek Das Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Pandey,Kuldeep Maurya Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the informant-applicant, learned A.G.A. for the State. 2. The instant bail cancellation application has been moved on behalf of the informant for cancelling the bail order dated 30.01.2017 passed in Criminal Misc. Bail Application No.19019 of 2020 whereby accused-opposite party no.2 has been enlarged on bail in Case Crime No.75 of 2013 under Sections 419, 420, 506, 406, 34, 120-B I.P.C., Police Station Sarnath, District Varanasi. 3. Learned counsel for the applicant-informant submits that the accused-opposite party no.2 was granted bail subject to certain conditions as contained in that order, however, the accused- opposite party no.2 after released from jail started making pressure and giving threatening to the applicant thus the accused-opposite party has violated the conditions imposed upon him while granting bail to the applicant. 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, 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. According the prayer for setting aside order dated 30.01.2017 is refused. 7. However, 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 :- 23.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad