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Neutral Citation No. - 2025:AHC:74955 Court No. - 86 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 113 of 2024 Applicant :- Rajesh Makan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Samarth Sinha,Vijay Sinha Counsel for Opposite Party :- G.A.,Syed Ali Imam Hon'ble Dr. Gautam Chowdhary,J.
1. Heard Sri Samarth Sinha, learned counsel for the informant- applicant, Sri Syed Ali Iman, learned counsel for the informant, learned A.G.A. for the State, and perused the material on record. 2. The instant bail cancellation application has been moved on behalf of the informant for setting aside the order dated 08.02.2024 passed by learned Additional Sessions Judge, Court No.15, District Ghaziabad whereby the accused-opposite party no.2 was enlarged on bail in Complaint Case No. 70678 of 2023 under Sections 147, 148, 149, 307, 326, 504, 506, 34 I.P.C., Police Station Kavi Nagar, District Ghaziabad. 3. 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 for dire consequences. 4. Learned A.G.A. as well as learned counsel for the informant 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. 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