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Supreme Court of India 2025-09-02 remanded

Phireram vs State of Uttar Pradesh & Anr

Bench: 2 — J.B. Pardiwala, Sandeep Mehta

In Brief

A first informant sought cancellation of an accused's bail for violating conditions by threatening witnesses. The High Court instead directed the complainant to the Witness Protection Scheme, 2018, effectively dismissing the bail cancellation application. The Supreme Court held that the Witness Protection Scheme is not an alternative to bail cancellation. Bail cancellation is a preventive judicial function ensuring trials remain unpolluted by intimidation; the Scheme is curative, addressing fear's psychological impact. Both mechanisms operate in parallel, not as substitutes. The Court remanded the matter for the High Court to decide on bail cancellation merits, applying established principles, and directed the Registry to send this precedent to all High Courts.

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Criminal Procedure Bail Cancellation Witness Protection Fair Trial Criminal Justice Abuse of Liberty Intimidation of Witnesses

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