The Supreme Court on Tuesday strongly pulled up the Allahabad High Court for repeatedly passing "template orders" that diverted bail cancellation pleas towards the Witness Protection Scheme, 2018. A bench of Justice J.B. Pardiwala and Justice Sandeep Mehta said the practice was legally flawed and could not replace the High Court's duty to decide bail violations on merits.
Background
The case arose from a 2022 murder FIR in Gautam Budh Nagar, Uttar Pradesh, where the accused was released on bail in April 2024. The bail order had strict conditions - no threats, no tampering with evidence, and mandatory court appearances.
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But the complainant, Phireram, alleged that the accused soon began threatening witnesses. Two fresh FIRs were later filed by a witness, Chahat Ram, who claimed intimidation.
When Phireram approached the Allahabad High Court seeking cancellation of bail, the court refused to intervene. Instead, it advised the complainant to seek relief under the Witness Protection Scheme. That order, dated 11 April 2025, has now been overturned.
Court's Observations
The apex court noted with concern that the High Court had passed at least 40 similar cut-paste orders in the past year.
"We are dismayed to note that this practice of passing cyclostyled template orders has been in vogue past more than two years," the bench remarked.
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The Judges underlined that cancellation of bail and witness protection are "distinct remedies." While the scheme shields witnesses from intimidation, it cannot be a substitute for judicial scrutiny when bail conditions are flouted.
" When it is an outright case of breach of bail conditions… the Witness Protection Scheme has hardly any role to play," the bench observed.
The bench also pointed out that public prosecutors, instead of guiding the High Court correctly, had themselves been urging complainants to opt for the scheme. "We deprecate this practice," the order stated bluntly.
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Decision
Setting aside the High Court’s order, the Supreme Court remanded the case back for a fresh hearing. The High Court has been directed to call for a report from the investigating officer on the FIRs filed by witness Chahat Ram, hear all parties, and pass a reasoned order within four weeks.
The registry has also been ordered to circulate this judgment to all High Courts across the country, and a special copy will be sent to the Chief Justice of the Allahabad High Court.
With that, the appeal was disposed of, and the Supreme Court made it clear: bail conditions cannot be brushed aside under the garb of witness protection.
Case Title: Phireram v. State of Uttar Pradesh & Anr.
Case Number: Criminal Appeal No. 3830 of 2025
