JAVED SIDDIQUI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal has been filed under Sec. 21(4) of National Investigation Agency Act, 2008 against the orders dtd. 10/5/2024, 6/6/2024 and 1/7/2024, passed by learned Ist Additional Sessions Judge, Haldwani, District Nainital in FIR No.21 of 2024, registered at Police Station Banbhoolpura, District Haldwani under Ss. 147, 148, 149, 307, 395, 323, 332, 341, 342, 353, 427, 436, 120-B IPC r/w Ss. 3 and 4 of the Prevention of Damage to Public Property Act, 1984, r/w Sec. 7 Criminal Law Amendment Act, 1932, r/w 3/25, 4/25, 7/25 of Arms Act, r/w Sec. 15 & 16 of UAPA, whereby the learned trial court has extended the time period of investigation and detention beyond 90 days and order dtd. 3/6/2024, whereby the learned trial court has rejected the bail application filed by the appellants for release on default bail.

(2.) Facts of the case giving rise to the present proceedings are that an FIR No.21 of 2024 dtd. 8/2/2024 was lodged in Police Station Banbhoolpura, District Nainital. As per the aforesaid FIR, on 8/2/2024 officials from Nagar Nigam, Tehsil and Police went to a place in Banbhoolpura locality to demolish two structures allegedly encroachments on public land one Madarsa and one Mosque, which was already sealed and fenced. When officials reached the spot they faced resistance from the local public, who formed a mob and started pelting stones at the officials and petrol bombs were also thrown in the process. During this process Police officials also rushed to the Police Station Banbhoolpura after receiving of reports that some persons attempted to set the police station on fire; petrol bombs were thrown on the Police vehicle and the service pistols and cartridges of Police officials S.O. Mukhani were also snatched. The appellants were arrested during investigation.

(3.) Under the provisions of CrPC under Sec. 167(2)(a)(i) the maximum period of detention of under trial is 90 days. According to the provisions of Sec. 167 CrPC if the investigation of a case as given in the provision of Sec. 167(2)(a)(i) is not completed within 90 days, the accused persons shall be entitled to get default bail under the said provisions of CrPC. The period of 90 days was going to expire on 10/5/2024. In respect of the appellants, the offences under Sec. 15/16 of The Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as "U.A.P.A. Act, 1967") were already there. By virtue of the provisions of the U.A.P.A. Act, 1967, the provisions of Sec. 43D are invoked, which gave right to the prosecution to get the period of detention extended to a period of maximum of 180 days under the proviso to Sec. 43D(2)(b).