Chunni vs State Of U.P And Another
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Allahabad High Court

Chunni vs State Of U.P And Another on 1 May, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:78069
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 15 of 2021
 

 
Applicant :- Chunni
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Dhananjay Kumar
 
Counsel for Opposite Party :- G.A.,Rafeek Ahmad Khan
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

This bail cancellation application was filed on 04.03.2020 to cancel the bail granted to accused by co-ordinate Bench of this Court by an order dated 19.12.2019, in a case arising out Case Crime No.303 of 2019 under Section 302 and 201 I.P.C., Police Station- Kotwali Nagar, District- Banda.

Sri Dhananjay Kumar, learned counsel for applicant submits that accused after released on bail has threatened the informant, a lady, however, at that time, when this application was filed, no document was annexed. In support of above submission, learned counsel further submits that later on supplementary affidavit has been filed wherein copy of N.C.R. dated 10.10.2020 is annexed that accused person has pressurized the informant to make compromise, however, outcome thereof is not on record.

A service report is placed on record that notice was served upon accused and is being represented by one Advocate, namely, Rafeek Ahmad Khan, however, today he is not present.

According to charge-sheet, there are 21 proposed witnesses and according to instructions trial has not proceeded much till date.

In the aforesaid circumstances, considering that grounds mentioned in this application are not sufficient to cancel the bail of accused as outcome of N.C.R. is not on record. In this regard, the Court also takes note a judgment passed by Supreme Court in case of Himanshu Sharma vs. State of Madhya Pradesh, 2024 SCC OnLine SC 187, however, still considering that in order to maintain fairness of trial and any remote apprehension that witnesses may be pressurized has to be removed, therefore, it is directed that concerned authority will provide benefit of Witness Protection Scheme, 2018 and since neither accused nor his Advocate was present before this Court, therefore, it is directed that accused will mark his presence on each and every Saturday before concerned Police Station with an undertaking that he will not make any contact with any of witness till trial is not concluded and Trial Court is also at liberty to cancel bail, in case accused violates any condition of bail.

Accordingly, present application is disposed of with aforesaid observation.

Registrar (Compliance) to take steps.

Order Date :- 1.5.2024

P. Pandey