Satya Prakash v. State of U.P. and Another

Court No. - 68 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 224 of 2022 Applicant :- Satya Prakash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Usha Srivastava,Arjit Srivastava,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the informant-applicant, learned A.G.A. for the State and perused the material on record.

¶2The 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.479 of 2021 under Sections 306, 385 I.P.C., Police Station Sadar Bazar, District Shahjahanpur.

¶3Learned counsel for the applicant-informant submits that the accused-opposite party no.2 was granted bail and after released from jail, the opposite party no.2 started making pressure and giving threatening to the applicant to give an affidavit in his favour and in this regard, an application dated 19.12.2021 was also moved before the Senior Superintendent of Police, Agra pursuant to which, F.I.R. was also lodged in Case Crime No. 388 of 2021 under Section 506, 507 I.P.C.

¶4Learned 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.

¶5In 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.

¶6Accordingly, 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 :- 13.10.2023 S.Ali High Court of Judicature at Allahabad