Smt. Ujma v. State of U.P. and Another

Court No. - 68 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 166 of 2022 Applicant :- Smt. Ujma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Sawhney,Raju Kumar Counsel for Opposite Party :- G.A.,Ravindra Sharma Hon'ble Dr. Gautam Chowdhary,J.

¶1Case called out. None appears for the accused-opposite party No. 2 to oppose this bail cancellation application though the name of the learned counsel for the opposite party No. 2 has been shown in the cause list.

¶2Heard learned counsel for the informant-applicant, learned A.G.A. for the State and perused the record.

¶3The instant bail cancellation application has been moved on behalf of the informant for cancelling the anticipatory bail granted to the accused-opposite party no.2 in Case Crime No. 0014 of 2018, under Sections 498-A, 377, 376, 511, 354-A, 307, 323, 504, 506 I.P.C. and Section 3 read with 4 of Dowry Prohibition Act, Police Station Ichaulli, District Meerut.

¶4Learned counsel for the applicant-informant submits that the accused-opposite party no.2 was granted anticipatory bail subject to the conditions contained in the anticipatory bail order, but he has started violating conditions imposed in the anticipatory bail order by tampering with material evidence and threatening the witnesses, regarding which the informant has made a complaint dated 25.09.2019 before the court of learned Additional Civil Judge (Senior Division)-Vth, Meerut, copy of which is annexed as Annexure-5 to the affidavit accompanying the bail application.

¶5Learned 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.

¶6In 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.

¶7Accordingly, 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 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 :- 3.11.2023 Mustaqeem. High Court of Judicature at Allahabad