Furkan vs State Of Uttarakhand on 20 March, 2026

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    Uttarakhand High Court

    Furkan vs State Of Uttarakhand on 20 March, 2026

    Author: Ravindra Maithani

    Bench: Ravindra Maithani

            HIGH COURT OF UTTARAKHAND AT NAINITAL
    
    
             Second Anticipatory Bail Application No. 7 of 2026
    
    Furkan                                                       ..........Applicant
                                         Versus
    State of Uttarakhand                                         ........Respondent
    Present:-
           Mr. Parikshit Saini, Advocate for the applicant.
           Mr. Siddhartha Bisht, AGA for the State.
           Mr. Gaurav Singh, Advocate for the informant.
    
    Hon'ble Ravindra Maithani, J. (Oral)
    

    The applicant seeks anticipatory bail in Case

    Crime/FIR No.1108 of 2022, dated 25.09.2022, under Sections

    147, 148, 149, 307, 452, 323, 325, 504, 506, 354, 336, 427 IPC,

    Police Station Kotwali Manglaur, District Haridwar.

    2. Heard learned counsel for the parties and perused the

    record.

    3. Initially the first anticipatory bail application was

    rejected on 27.11.2025. In fact, the Court had noted that post

    incident an FIR No.280 of 2025 was also lodged under Sections

    115(2), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023 against

    the applicant and others at Police Station Manglaur, District

    Haridwar. CCTV footages are placed in objections which reveal that,

    in fact, the applicant was seen running with lathi. In para 16 of the

    first bail order, the Court records that according to the

    Investigating Officer, after hearing the commotion, the applicant

    was running at the place of incident, which means that the

    Investigating Officer was aware of the CCTV footages. This fact was

    also noted at the time of rejection of the first anticipatory bail

    application that in FIR No.280 of 2025, Final Report was already
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    filed, but the Court recorded that the informant proposes to file its

    objections in terms of filing protest petition.

    4. Learned counsel for the applicant submits that the

    informant’s protest petition has already been rejected by the court

    of Judicial Magistrate First, Roorkee, District Haridwar on

    23.12.2025. Therefore, there is no reason to deny anticipatory bail

    to the applicant. The order dated 23.12.2025, by which, the protest

    petition has been rejected and Final Report has been accepted has

    been placed as Annexure No.5 to the anticipatory bail application.

    5. Learned counsel for the informant submits that the

    Investigating Officer was hands in glove with the applicant; he had

    not collected evidence properly; the CCTV footages were not made

    part of the investigation. Therefore, though the Final Report has

    been submitted, a complaint case has already pending against the

    applicant. The statements of witnesses have already been recorded,

    who supported the case.

    6. The Court does not want to comment as to what

    happened in the subsequent FIR No.280 of 2025 at this stage. The

    fact remains that a complaint case qua the incident is still alive.

    The order by which protest petition has been rejected records that

    the CCTV footages were not made part of the investigation.

    7. On behalf of the appellant, it is argued that re-

    investigation may be done. The protest petition’s order accepting

    FIR does not record about the CCTV footages which is stated

    hereinbefore, were acknowledged by the Investigating Officer, who
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    records that after hearing the commotion, the applicant was

    running at the place of incident.

    8. As the Investigating Officer made lapses the

    investigation, whether the FIR No.280 of 2025 filed in the instant

    case is genuine, this Court may not speculate on it.

    9. Having considered the entirety of facts, this Court is of

    the view that this is not a case, in which, the applicant should be

    granted second anticipatory bail. The instant second anticipatory

    bail application deserves to be rejected.

    10. The second anticipatory bail application is rejected.

    (Ravindra Maithani, J.)
    20.03.2026

    Sanjay



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