MEHBOOB ALAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since the FIR from which these appeals arose is one and the same and the offence alleged against them is also similar, hence both these appeals are taken up together and decided by this common judgment.

(2.) CRLA No.284/2025 is directed against the judgment and order dtd. 20/3/2025, passed by learned Special Judge (UAP Act)/Second Additional Sessions Judge, Haldwani, District Nainital in FIR No.21 of 2024 (SST No.01 of 2024), under Ss. 147, 148, 149, 307, 395, 323, 332, 341, 342, 353, 412, 427, 436, 333 & 120B IPC and Sec. 3/4 of the Prevention of Damage to Public Property Act, 1984 & Sec. 7 of Criminal Law (Amendment) Act, 1932 as well as under Sec. 15/16 of the Unlawful Activities (Prevention) Act, 1967. Similarly, CRLA No.454/2025 is directed against the judgment and order dtd. 10/7/2025, passed by Special Judge (UAP Act)/Second Additional Sessions Judge, Haldwani, District Nainital in FIR No.21 of 2024 (SST No.01 of 2024), under Ss. 147, 148, 149, 307, 395, 323, 332, 341, 342, 353, 412, 427, 436, 333 & 120B IPC and Sec. 3/4 of the Prevention of Damage to Public Property Act, 1984 & Sec. 7 of Criminal Law (Amendment) Act, 1932 as well as under Sec. 15/16 of the Unlawful Activities (Prevention) Act, 1967. Both the FIRs were registered at P.S. Banbhoolpura, District Nainital. The court below has rejected the bail application(s) of both the accused in the above-numbered FIR.

(3.) The brief facts of the case involved in the present criminal appeals are that FIR No.21 of 2024, under Ss. 147, 148, 149, 307, 395, 323, 332, 341, 342, 353, 412, 427, 436, 333 & 120B IPC and Sec. 3/4 of the Prevention of Damage to Public Property Act, 1984 & Sec. 7 of Criminal Law (Amendment) Act, 1932 as well as under Sec. 15/16 of the Unlawful Activities (Prevention) Act, 1967 was registered against unknown persons in Police Station Banbhoolpura, District Nainital. 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 the weapons of the police. It has also been mentioned in the FIR 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. Both the appellant/applicants were arrested on 9/2/2024 on the charge of the aforesaid offences.