Phireram vs State of Uttar Pradesh 2025 INSC 1074 - Cancellation Of Bail - Witness Protection Scheme

Code of Criminal Procedure 1973 - Section 437,439 ; Witness Protection Scheme -The existence of a Witness Protection Scheme cannot be a consideration to decline to cancel the bail, even when there is prima facie material indicating that the accused administered threats or caused intimidation to the witnesses (Para 39)-the considerations for when the recourse to the Scheme may be taken by any witness is not contingent upon violation of a condition imposed on an accused during grant of bail or even during its pendency. (Para 47) -When it is an outright case of breach of the conditions of the bail order and when the original first informant is able to prima facie demonstrate in what manner the accused person is abusing the liberty granted to him, then, in such circumstances, the provisions of the Witness Protection Scheme, 2018 have hardly any role to play. This Scheme has nothing to do as such when the complainant seeks cancellation of bail on the ground of threats being administered to the witnesses. (Para 18)- The courts cannot abdicate its role on the pretext that since the State has a scheme for protecting witnesses, we shall not exercise our jurisdiction to cancel bail even though conditions have been violated.(Para 44) Deprecates Practice in Allahabad HC which treats witness protection scheme as substitute to cancellation of bail (Para 60-61)- Distinction between the grant of bail and its cancellation on the ground of violation of the conditions of bail order and the affording of protection to a witness under the Scheme - the purpose of the Scheme is to ensure that witnesses, who are the eyes and ears of justice, are not reduced to silence or falsehood by threats that invade their psyche. It does not displace or dilute the established jurisprudence of bail; rather, it works alongside it, providing a protective canopy so that the existing provisions can operate in an environment where witnesses are free to testify. This duality is essential, as the law on bail restrains the accused through conditions, and prevents any further infractions of intimidation by cancellation of bail while the Witness Protection Scheme eradicate the invisible yet potent influence of fear, intimidation or threat, that are the consequences of the threats made by the accused persons to maintain the sanctity of trial. (Para 52)

Bail - Bail is not to be understood merely as a mechanical order releasing a person from custody; it is, in substance, a judicial recognition that liberty is the norm and detention an exception, subject however to the overriding imperative that liberty should not be abused to thwart the course of justice. (Para 40) Cancellation of Bail - If the accused tampers with evidence, threatens witnesses, or attempts to subvert the trial, the indulgence of bail is to be withdrawn. It is a recognition that liberty is conditional, not absolute, and subject always to the larger interest of ensuring a fair trial. The considerations that must weigh with the court for setting aside the bail order on an application being moved by the aggrieved party include any supervening circumstances that might have occurred after granting relief to the accused, the conduct of the accused while on bail, any attempt on the part of the accused to procrastinate, resulting in delaying the trial, any instance of threats being extended to the witnesses while on bail, any attempt on the part of the accused to tamper with the evidence in any manner etc. (Para 57-59)