[Cites 1, Cited by 0]
Uttarakhand High Court
ABA/61/2026 on 20 February, 2026
2026:UHC:1131
Office Notes, reports,
orders or proceedings
SL.
No.
Date or directions and COURT'S OR JUDGE'S ORDERS
Registrar's order with
Signatures
ABA/61/2026
Hon'ble Alok Mahra, J.
Mr. Shariq Khurshid, learned counsel for
the applicant.
2. Mr. S.C. Dumka, learned A.G.A. along
with Mr. Pradeep Lohani, learned Brief Holder
for the State.
3. This Anticipatory Bail Application has
been moved by the applicant/accused in
connection with F.I.R. No. 417 of 2025,
registered under Sections 191(2), 191(3),
121(1), 132, 221, 352, 351(2), 324(3), 190,
196(C), 109 of the Bharatiya Nyaya Sanhita,
Section 7 of the Criminal Law Amendment Act,
and Section 3 of the Public Property Act, 1984,
at Police Station Kashipur, District Udham
Singh Nagar.
4. An F.I.R. was lodged alleging therein that
on 21.09.2025 at about 9:40 P.M., without
obtaining any prior permission from the
competent authority, Nadim, Hanif, Daniesh
and approximately 400-500 unknown persons
assembled and conducted a march purportedly
showing support/love towards Mohammed. It
is further alleged that the said persons were
carrying lathis, dandas and other articles, and
during the said march they indulged in
activities alleged to be antisocial in nature,
thereby causing disturbance and damage to
public property.
5. Learned counsel for the applicant would
submit that the applicant is innocent and has
been falsely implicated in the present case. It
is further submitted that the applicant is not
named in the F.I.R., nor is there any specific
role attributed to him. It is also pointed out
that the co-accused person has already been
granted anticipatory bail by this Court vide
order dated 19.01.2026 and the case of the
present applicant stands on the same footing.
6. Learned State counsel would vehemently
oppose the present anticipatory bail
application, however, he would admit that the
co-accused has already been granted
2026:UHC:1131
anticipatory bail by this Court vide order dated
19.01.2026.
7. Having considered the submissions of
learned counsel for the parties, the nature of
allegations, the fact that the applicant is not
named in the F.I.R., and keeping in view that
similarly situated co-accused have already
been enlarged on bail, this Court is of the
opinion that the applicant has made out a case
for grant of anticipatory bail.
8. Accordingly, the anticipatory bail
application is allowed. In the event of arrest,
the applicant shall be released on anticipatory
bail on furnishing a personal bond and two
sureties each in the like amount to the
satisfaction of the Investigating Officer, subject
to the following conditions:
(i) The applicant shall make himself
available before the Investigating Officer
whenever required and shall fully cooperate with
the investigation.
ii) The applicant shall not directly or
indirectly give any inducement, threat, or
promise to any person who is acquainted with
the facts of the case, nor shall he try to prevent
such person from disclosing the true facts before
the Court or the police.
iii) The applicant shall not tamper with the
prosecution evidence and shall not influence,
intimidate, or contact any prosecution witness in
any manner.
iv) The applicant shall not leave the
territory of India without obtaining prior
permission from the concerned Court.
v) The applicant shall remain present
before the Trial Court on every date fixed, unless
specifically exempted by the Court, and shall not
seek unnecessary adjournments.
vi) In case the applicant misuses the liberty
granted to him or violates any of the above
conditions, the prosecution shall be at liberty to
move an application for cancellation of
anticipatory bail in accordance with law.
(Alok Mahra, J.)
20.02.2026
Mamta
2026:UHC:1131
