Manoj Maurya v. State of U.P. and Another

Court No. - 68 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 409 of 2022 Applicant :- Manoj Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1The instant bail cancellation application has been moved on behalf of the informant for cancelling the bail granted to the accused-opposite party nos.2 in Case Crime No.45 of 2022 under Sections 302, 120-B I.P.C., Police Station Suhwal, District Ghazipur.

¶2List revised. None appears to press this bail cancellation application on behalf of the applicant.

¶3It has been averred in paragraph nos.8 of the affidavit accompanying the bail cancellation application that the opposite party nos.2 after released from jail started tampering the evidence and extending threats to the applicant to withdraw the case. It is thus prayed that the bail granted to the accused-opposite party no. 2 may be cancelled.

¶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.

¶6Keeping in mind that the instant bail cancellation application has been filed in the year 2018, thus in such circumstances in case, the trial has not yet not been concluded and that the informant-applicant apprehends danger to his life and liberty, the applicant may move 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.

¶7Office is directed to communicate the order passed by this Court to the concerned Court below.

¶8With the aforesaid observations, the instant bail cancellation application stands disposed of. Order Date :- 16.10.2023 S.Ali High Court of Judicature at Allahabad