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2025 DAILYLAW 68974 (ALL)

ASHIF v. State of U.P. AND ANOTHER

BAILC/237/2024 · 2025-05-07

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74974 Court No. - 86 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 237 of 2024 Applicant :- Ashif Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwani Kumar Mishra,Dipak Kumar Tiwari Counsel for Opposite Party :- G.A.,Vijay Singh Rathore Hon'ble Dr. Gautam Chowdhary,J. 1. Heard Sri Akash Garg, learned counsel holding brief of Sri Dipak Kumar Tiwari, learned counsel for the informant-applicant, Sri Vijay Singh Rathore, 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 cancelling the bail granted to the accused-opposite party no.2 vide order dated 24.02.2016 passed by this Court in Case Crime No. 1060 of 2015 under Sections 307, 323, 324, 504, 506 I.P.C. Police Station Kaunch, District Jalaun. 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 to the applicant to compromise the matter and in this regard, complaint was also made by the applicant before the concerned authority, copy of which is annexed as Annexure-4 to the affidavit accompanying the bail cancellation application. 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. 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