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2025 DAILYLAW 69022 (ALL)

DHARMENDRA KUMAR KESARWANI v. STATE OF U.P. AND 2 OTHERS

BAILC/243/2024 · 2025-07-31

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130173 Court No. - 70 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 243 of 2024 Applicant :- Dharmendra Kumar Kesarwani Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- A.K. Mishra,Sati Shanker Tripathi Counsel for Opposite Party :- Ashish Malhotra,G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the informant/ applicant, learned A.G.A. for the State as well as learned counsel for the accused- opposite party nos. 2 and 3 and perused the 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 and 3 in Complaint Case No. 34 of 2014 (Dharmendra Kumar Kesarwani Vs. Devendra Kesarwani and others), under Sections 147, 148, 323, 452, 504, 506, 308 I.P.C., Police Station Kydganj, District Prayagraj. 3. Learned counsel for the applicant-informant submits that the accused-opposite party nos. 2 and 3 were granted bail subject to the conditions contained in the bail order, however, the accused- opposite party no. 2 and 3 after released from jail started making pressure and giving threatening to the applicant to withdraw his case. 4. Learned A.G.A. as well as learned counsel for the opposite party Nos. 2 and 3 have submitted that 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. as well as learned counsel for the opposite party Nos. 2 and 3, 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 month 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 :- 1.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad