Aslam Choudheri vs State Of Uttarakhand on 20 March, 2026

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    Uttarakhand High Court

    Aslam Choudheri vs State Of Uttarakhand on 20 March, 2026

    Bench: Manoj Kumar Tiwari, Pankaj Purohit

                              Judgment reserved on: 18.03.2026
                             Judgment delivered on: 20.03.2026
         HIGH COURT OF UTTARAKHAND AT NAINITAL
                     Criminal Appeal No.634 of 2024
    Aslam Choudheri                                              --Appellant
                                      Versus
    State Of Uttarakhand                                       --Respondent
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    Presence:-
          Mr. Vikas Kumar Guglani and Mr. B.S. Koranga, learned counsel for
          the appellant.
          Mr. J.S. Virk, learned D.A.G. with Mr. Rakesh Kumar Joshi, learned
          Brief Holder for the State of Uttarakhand/respondent.
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    Coram :Hon'ble Manoj Kumar Tiwari, J.
    

    Hon’ble Pankaj Purohit, J. (Per)
    This criminal appeal is directed against the
    judgment and order dated 03.10.2024, passed by learned
    1st Additional Sessions Judge, Haldwani, District Nainital
    in FIR No.21 of 2024, registered at Police Station
    Banbhoolpura, District Nainital under Sections 147, 148,
    149, 307, 323, 332, 341, 342, 353, 395, 427, 436, 333,
    412, 120-B IPC, r/w Section 7 of the Criminal Law
    Amendment Act, 1932, r/w Sections 3/4 of the Prevention
    of Damage to Public Property Act, 1984, r/w Sections
    15/16 of the UAPA, whereby, the learned trial court has
    rejected the bail application no.320 of 2024 filed by the
    appellant.

    2. Facts of the case giving rise to the present
    proceedings are that an FIR No.21 of 2024 dated
    08.02.2024 was lodged in Police Station Banbhoolpura,
    District Nainital. As per the aforesaid FIR, on 08.02.2024
    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

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    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.

    3. It is admitted that the provisions of Section
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    /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 was not mentioned in the FIR. He was arrested
    on 09.02.2024, on the basis of statement of Constable
    Parvez Ali and Narendra Dev Singh (independent witness),
    who stated that the appellant/applicant was very well
    present at the spot instigating and actively involved in
    committing the crime at the place of incident obstructing
    Government Work and committing arson and pelting
    stones.

    4. After investigation, Investigation Officer
    submitted the charge-sheet against the appellant and other
    accused on 07.07.2024. Appellant filed bail application
    No.320 of 2024 before the learned Trial Court on the
    ground that at the time of incident, he was not present at
    the place of incident rather he had gone with his wife to
    Sushila Tiwari Hospital for her CT Scan and further there
    is no independent evidence of appellant/applicant being at
    the place of incident, thus, there was no chance of his
    being involved in the matters. Learned Trial Court rejected
    the bail application of the appellant vide impugned order
    dated 03.10.2024. Feeling aggrieved by aforesaid impugned
    order, appellant/applicant has preferred the present
    appeal.

    5. The objection to the bail application was called
    from the State. Delay in filing the objection is condoned for
    the reasons stated in the affidavit. Delay condonation

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    application (IA/2/2024) made therefor, stands disposed of.
    Objection filed on behalf of the State is taken on record.

    6. The State in its objection opposed the bail
    application by stating that the appellant/applicant was
    involved in the serious offence of rioting, arsoning and
    violence that too with the officers of the administration and
    police. It has also been stated that in the statements of
    Constable Parvez Ali and Narendra Dev Singh (independent
    witness), recorded under Section 161 Cr.P.C., the
    involvement of appellant/applicant is proved; appellant/
    applicant was present at the spot instigating and actively
    involved in committing the crime at the place of incident
    obstructing Government work and committing arson and
    pelting stones and arson at the rioters’ place. The State
    further contended that the criminal activities done by the
    appellant/applicant falls within the definition of “terroristic
    attack” with the purpose of creating terror among the
    people and the attack caused by the crowd of which the
    appellant/applicant was part of, caused irreparable
    damaged to the property of nation and it created fear in the
    mind of general public. Therefore, offence is made out
    against the appellant/applicant.

    7. It is further submitted by the State that after
    completion of the investigation, the investigating officer has
    filed a charge-sheet against the appellant/applicant before
    the court concerned.

    8. Heard learned counsel for the parties and
    perused the record.

    9. Learned counsel for the appellant/applicant
    submitted that appellant/applicant was not named in the
    FIR; he has falsely been implicated with the incident; he
    has no concern with the alleged violence rioting and
    arsoning. He further submitted that around 50 co-accused
    persons have been enlarged on bail by this Court vide order
    dated 28.08.2024 giving a finding that the manner in which

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    investigation proceeded clearly reveals the carelessness on
    the part of Investigating Officer. He also submitted that
    there is no evidence regarding the participation of appellant
    through any means in the alleged incident. He further
    submitted that the appellant/applicant is under
    incarceration since 09.02.2024 and has no criminal
    history. He is entitled to be released on bail by this Court
    after setting aside the judgment and order impugned.

    10. Per contra, learned Deputy Advocate General
    strongly opposed the appeal and grant of bail to the
    appellant/applicant. He also relied upon the statements of
    Station Officer Neeraj Bhakuni, Constable Parvez Ali and
    Narendra Dev Singh (independent witness) recorded under
    Section 161 Cr.P.C. to nail the appellant/applicant with the
    alleged crime and offences. He further submitted that
    though he has not been named in the FIR because the FIR
    was against unknown persons, but his name was figured
    during investigation. He also submitted that the appellant/
    applicant had a long criminal antecedent, therefore, seeing
    the gravity of the offence and also his involvement in the
    present case, he is not entitled for any relief.

    11. We have perused the record of the case and the
    statements recorded under Section 161 Cr.P.C. of Station
    Officer Neeraj Bhakuni, Constable Parvez Ali and Narendra
    Dev Singh (independent witness), there is mention of the
    name of appellant/applicant who was shown to have
    instigating and actively involved in committing the crime at
    the place of incident obstructing Government Work and
    committing arson and pelting stones. Learned counsel for
    the appellant/applicant clarified so far as the alleged
    criminal history is concerned by saying that three cases
    were shown by the respondent-State against the appellant/
    applicant. Out of these three cases, one is of present one
    FIR No.21 of 2024, registered with P.S. Banbhoolpura; in
    FIR No.89 of 2018 he has already been acquitted; while FIR

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    No.98 of 2020 was related to Covid-19 incident under
    Disaster Management Act. All FIRs were registered in P.S.
    Banbhoolpura.

    12. Having considered the submissions of both the
    learned counsel for parties and having gone through the
    record of case, this Court is of the view that there is no
    direct evidence against the appellant/applicant. The
    prosecution could not tell us as to what active role would
    be attributed to the appellant/applicant. So far no direct
    evidence is there against him. It is also in the mind of this
    Court since the appellant/applicant has already spent
    more than two years in custody in connection with the
    aforesaid alleged FIR, he is entitled to be released on bail.

    13. Accordingly, the present criminal appeal is
    allowed. The judgment and order dated 03.10.2024
    impugned in the instant appeal is hereby set-aside.
    Appellant/applicant-Aslam Choudheri is directed to be
    released immediately on bail on his executing personal
    bond and furnishing two reliable sureties, each of the like
    amount to the satisfaction of the Court concerned in FIR
    No.21 of 2024, if he is not wanted in any other criminal
    case. The observations made are strictly for deciding this
    Criminal Appeal and shall not have any bearing on the
    merit of the trial.

    14. Pending application(s), if any, stands disposed of
    accordingly.

    (Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.)
    20.03.2026

    PN

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