MOHD. NAZIM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dtd. 28/10/2024 (signed on 4/11/2024) passed by learned Ist Additional Sessions Judge, Haldwani, Nainital whereby Second Bail Application No.338 of 2024 filed by the appellant under Sec. 147, 148, 149, 307, 323, 332, 353, 427, 435 and 120-B of IPC and Sec. 3/4 of the Prevention of Damage to Public Property Act, 1984 & Sec. 15/16 of the Unlawful Activities (Prevention) Act, 1967, State of Uttarakhand Vs. Mohd. Nazim & others, was rejected

(2.) The brief facts of the case involved in the present criminal appeal are that FIR No.23 of 2024, under Ss. 147, 148, 149, 307, 332, 353, 427, 435, 120B, Sec. 3/4 of the Prevention of Damage to Public Property Act, 1984 and Sec. 15/16 of Unlawful Activities (Prevention) Act, 1967 were registered against unknown persons in Police Station Banbhoolpura, District Nainital on 9/2/2024. In the FIR, 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 weapons of the police. It has 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 20/2/2024 on the charge of the aforesaid offences.

(3.) It is admitted that the provisions of Sec. 15/16 of the Unlawful Activities (Prevention) Act, 1967 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.