PRESS NOTE
An important hearing took place on 4th May 2026 in the Supreme Court by Bench presided over by Hon’ble Mr. Justice Vikram Nath and Hon’ble Mr. Justice Sandeep Mehta in a Special Leave Petition filed by the State of Uttarakhand before the Supreme Court wherein the State had challenged the grant of Default Bail to 2 Prime Accused, Javed Siddiqui and Arshad Ayub granted by a Division Bench of the Nainital High Court. The Case relates to the 8th February 2024, Banbhoolpura, Haldwani Riots when a violent mob opened fire, threw stones & petrol bombs, burnt Police Vehicles and confined female constables in a Police Station which was set on fire, leading to registration of 3 separate FIRs under various Sections of the Indian Penal Code, S.15 & 16 Unlawful Activities (Prevention) Act, S. 3/4/7/25 of the Arms Act etc..
The State was represented by Mr. Jatinder Kumar Sethi, the Dy. Advocate General of the State and Mr. Ashutosh Kumar Sharma Standing Counsel. Mr. Siddharth Agarwal Senior Advocate represented the Accused.
After hearing the parties the Court observed that that the High Court had completely gone wrong and noted that the FIR had been filed in relation to an incident of widespread arson, rioting and damage to public property including the building of the police station wherein large number of accused persons were arraigned with the allegation of using petrol bombs and other arsenal in the incident. The Court was of the opinion that it was absolutely unreasonable of the High Court to have made observations on the investigation and had in fact made factually incorrect statements regarding recording statements by the investigating agency. Importantly the Court held that without a doubt, the investigation was proceeded with utmost expediency in a case presented grave challenges to the investigation agency, considering the magnitude of the crime and the large number of accused and witnesses.
The Court also pointed out that the High Court failed to advert to the important fact that the accused never challenged the orders of extension of time and rejection of bail by promptly approaching the High Court and instead waited till 2 months before filing the appeal. The Court was of the opinion that the accused had lost the right to seek default bail by their acquiescence and set aside the order granting them default bail.
The Accused have been ordered to surrender before the trial Court within a period of two weeks failing which the trial Court shall take stringent measures to take them into custody. With this the appeal has been allowed accordingly.
The State Prosecution is taking this as a big win for the State since this was one case where the State’s Law and Order machinery itself was under attack by a riotous mob who sought to oppose anti encroachment drive of the State. The entire Police Department of the State is taking this as a big morale booster when expeditious investigation is appreciated by no less than the Highest Court of the Country.
