ASLAM CHOUDHERI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dtd. 23/9/2024, passed by learned 1st Additional Sessions Judge, Haldwani, District Nainital whereby two bail applications Nos. 290 of 2024 and 291 of 2024 have been rejected.

(2.) The brief facts of the case involved in the present criminal appeal are that two FIRs, one FIR No. 22 of 2024 under Ss. 147, 148, 149, 307, 332, 353, 395, 427, 435 and 120-B, IPC and Sec. 3/4 of the Prevention of Damage to Public Property Act, 1984, Sec. 7 Criminal Law Amendment Act, 1932, and Sec. 15/16 of Unlawful Activities Prevention (Act) and FIR No. 23 of 2024, under Ss. 147, 148, 149, 307, 332, 353, 427, 435, 436, 120-B and Sec. 3/4 of the Prevention of Damage to Public Property Act, 1984 and Sec. 15/16 of Unlawful Activities Prevention (Act) were registered against unknown persons in Police Station Banbhoolpura, District Nainital on 8/2/2024. In these FIRs, it has been alleged by the informant that while the team of administration and police went to demolish and remove the illegal construction at Malik-ka-Bagicha in Haldwani on 8/2/2024, several persons assembled there and committed violence, arsoning and rioting with the team of administration and police; hurled petrol bombs, fired from illegal weapons and snatched the weapons of the police. It is also been mentioned in the FIRs that the rioters even attacked the then police SHO of Police Station Mukhani, Mukhani's vehicle and snatched the service revolver of the SHO which were not recovered till date. The appellant/applicant has been arrested on 9/2/2024 on the charge of the aforesaid offences.

(3.) It is admitted that the provisions of Sec. 15/16 of the Unlawful Activities Prevention (Act) were invoked subsequently during investigation against the appellant/applicant and other persons who have been arrested during investigation. The name of the appellant/applicant came into light on being identified in CCTV footage.