SC quashes default bail granted to 2 prime accused in Banbhulpura riots
Dehradun, May 7 -- The Supreme Court has quashed the default bail granted to two of the prime accused in the 2024 Banbhulpura riots in Haldwani.
A bench of justices Vikram Nath and Sandeep Mehta, while hearing the state government's special leave petition against the order on May 2, quashed the bail granted to Javed Siddiqui and Arshad Ayub by the state high court's Nainital bench.
According to a statement by deputy advocate general for the state, Jatinder Kumar, on Tuesday, the bench deemed the high court's observations regarding the probe into the case factually incorrect.
It also held that the investigation was carried out with "utmost expediency", despite the magnitude of the crime and the large number of accused and witnesses involved.
The court also noted that the accused had not promptly challenged the orders extending the time for investigation and rejecting their bail pleas, and instead approached the high court after a delay of nearly two months, which amounted to an effectively forfeit to their right to seek default bail through acquiescence.
The case relates to the riots that erupted in Banbhulpura, Haldwani on February 8, 2024 during an anti-encroachment drive.
According to police, a mob allegedly resorted to arson, stone-pelting and firing, besides hurling petrol bombs and damaging public property, including police vehicles. The mob had also confined women police personnel inside a police station that was later set on fire.
Following the violence, three FIRs were registered under various sections of the Indian Penal Code, Sections 15 and 16 of the Unlawful Activities (Prevention) Act, and Sections 3, 4, 7 and 25 of the Arms Act, 1959.
The court noted that the FIR pertained to an incident involving widespread arson, rioting and damage to public property, including a police station building, and that a large number of accused persons had been arraigned for allegedly using petrol bombs and other weapons during the violence.
The two accused have been directed to surrender before the trial court within two weeks, failing which the court may take stringent measures to secure their custody.
Jatinder Kumar Sethi, Deputy Advocate General for the State of Uttarakhand, along with Ashutosh Kumar Sharma, Standing Counsel for the State, represented the state government in the matter, while Siddharth Agarwal, Senior Advocate, appeared for the accused.
State prosecution officials described the order as a significant victory, stating that the riots had involved an attack on the state's law-and-order machinery during an anti-encroachment drive and that the Supreme Court's observations recognising the prompt investigation had boosted the morale of the police department....
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