Uttarakhand High Court
WPCRL/1361/2025 on 13 February, 2026
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
Office Notes,
SL. Date reports,
No. orders or COURT'S OR JUDGE'S ORDERS
proceedings
or directions
and
Registrar's
order with
Signatures
WPCRL No. 1361 of 2025
with
BA2 No. 340 of 2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. Shariq Khurshid, learned counsel for the petitioner in WPCRL No. 1361 of 2025.
2. Mr. Aditya Singh, learned counsel for the applicant in BA2 No. 340 of 2025.
3. Mr. J.S. Virk, learned Dy.A.G. for the State.
4. In WPCRL No. 1361 of 2025 petition, the petitioner Danish Chaudhary Alias Danish S/o Mohd. Ali R/o Kashipur District Udham Singh Nagar is praying for quashing of the First Information Report dated 22.09.2025, bearing FIR No. 0417 of 2025, registered at Police Station Kashipur District Udham Singh Nagar, which was lodged for the offences punishable under sections 191(2), 191(3), 121(1), 132, 221, 352, 351 (2), 324(3), 190 of BNS, 2023 read with Section 196(C) and 109 of BNS 2023 read with Section 7 of Criminal Law Amendment Act.
5. The Coordinate Bench admitted this petition on 10.11.2025 by inviting counter affidavit and as an interim measure the interim protection was granted to the petitioner Danish Chaudhary that no coercive measure shall be taken against the petitioner in connection with the impugned FIR, provided he cooperates with the investigation.
6. Now, counter affidavit has been filed on behalf of the State, wherein, a categorical statement has been given, particularly, in paragraph no-.5 that on 21.09.2025, one Nadeem Akhtar along with Hanif Gandhi and Danish Chaudhary the present petitioner organized a mob/crowd of about 400-500 people in the name of "I Love Mohammad" and the mob was gathered without any permission and such a huge gathering causes reasonable threat to the peace of the society and when the police officials stopped them, the crowd got violent and had physical altercation with the authority and also did stone pelting, hurting various police officials as well as damaging police vehicles No. UK07GA4574 (Bolero) and UK01GA0336. It is also contended that one another accused person namely Kamran also done the videography of the incident. It is also stated in the counter affidavit that on the pointing out of another co-accused Nadeem Akhtar, who was present at the place of occurrence, one pistol of 315 bore alongwith unused cartridge was also recovered. The images of the incident are also placed on record on perusal of which, it is reveals that the petitioner was present at the place of occurrence by taking active role by showing banner. After collecting credible evidence and their active role, the charge sheet has been filed against some of the accused persons namely Nadeem Akhtar, Hanif Gandhi, Abbas alias Dr. M.A. Rahul and Danish Chaudhary, the present petitioner and though the charge sheet has been filed, but it also reveals from the charge sheet and as per the instructions of Mr. J.S. VIrk, learned Dy. A.G that the investigation is still going on.
7. First bail application of Abbas alias Dr. M.A. Rahul was rejected by this Court on 17.10.2025. It has also been apprised to this Court that the bail applications of 3-4 accused persons were also rejected by this Court. Subsequent thereto, Abbas alias Dr. M.A. Rahul moved second bail application i.e. BA2 No. 340 of 2025 and it was heard at length yesterday and Mr. J. S. Virk produced certain video clips in the presence of the IO and by showing video clips Mr. Virk argued that in this procession, Nadeem Akhtar, Abbas alias Dr. M.A. Rahul and Danish Chaudhary alias Danish S/o Mohd. Ali took very active role, and in fact, all of them were present at the place of occurrence and they were leading the mob of 400-500 persons. He also pointed out that not only this, on pointing out of the co- accused Nadeem Akhtar, the country- made pistol of 315 bore was also recovered. He also pointed out that Nadeem AKhtar has been enlarged on bail by another Coordinate Bench but due to an inadvertence this fact could not brought to the knowledge of Coordinate Bench
8. This Court summoned the record of bail application of Nadeem Akhtar, who was granted bail by the Coordinate Bench on 16.01.2026 and it appears from the record that the counter affidavit was already on record and there is a report of the Registry about the pending matters also. As it appears from the order passed by the Coordinate Bench, the impression was given that Nadeem Akhtar was not present at the place of occurrence, though, as a matter of fact as per the charge sheet and the video clips, Nadeem Akhtar was present at the place of occurrence by taking active role and leading the mob of 400-500 people.
9. Be that as it may, admittedly, the bail application of Nadeem Akhtar has been finally decided by the Coordinate Bench and the record was summoned only for perusal of the records, but so far as these two matters i.e. Criminal Writ Petition No. 1361 of 2025 and BA2 No. 340 of 2025 are concerned, as informed by Mr. Virk investigation is still going on though against the other accused, but taking into consideration that the incident is of a very serious in nature, wherein, 400-500 people gathered without permission of the administration, damaged police vehicles, beaten police officials, therefore, at this juncture, since investigation is still going on, a further status report is also required from the State about the pending investigation.
10. Let the matters be listed again on 16.03.2026. On that day, Mr. Virk learned Dy. A.G shall apprise to this Court about the status of ongoing investigation. The interim protection granted to the petitioner Danish Chaudhary in writ petition shall continue subject to the condition that he will fully cooperate with the Investigating Agency and will not indulge in any such activity in future.
11. Mr. Virk, learned Deputy A.G. also file the counter affidavit in BA2 No. 340 of 2025 along with further status report and the involvement of the petitioner.
12. List these matters on 16.03.2026.
13. The record of BA1 No. 2453 of 2025 be sent back to the Registry.
(Rakesh Thapliyal, J.) 13.02.2026 Nahid