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2025 DAILYLAW 92639 (ALL)

SMT POOJA SHARMA v. STATE OF U.P. AND ANOTHER

BAILC/424/2024 · 2025-05-07

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74697 Court No. - 86 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 424 of 2024 Applicant :- Smt Pooja Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sachchida Nand Tiwari Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard Shri Sachchida Nand Tiwari, learned counsel for the informant-applicant, learned A.G.A. for the State 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 in Case Crime No. 370 of 2024, under Sections 420, 467, 468, 471 I.P.C., Police Station Shalimar Garden, District Ghaziabad. 3. Learned counsel for the applicant-informant submits that the accused-opposite party no.2 was granted bail subject to the conditions contained in the bail order. The opposite party No. 2 is a criminal mind person and his free movement in the society adversely affect the life and liberty of the applicant and her husband. 4. Learned A.G.A. submits that in the entire averments made in the affidavit filed in support of the present bail cancellation application there is no disclosure that after enlarging on bail the accused-opposite party No. 2 had extended any threat to the applicant. However, if applicant feels any threat from the opposite party No. 2, she 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 her 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, the 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 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad