By Arun Pratap Singh
Nainital, 11 Mar: The Uttarakhand High Court today heard the bail applications filed in the default appeal of 22 accused involved in the Banbhulpura violence in Haldwani. After hearing the case, the division bench of Justice Manoj Kumar Tiwari and Justice Pankaj Purohit ordered the release of 22 accused, including Bhola alias Suhail, Javed Siddiqui, Javed Qureshi, Shahnawaz, Raees Ahmed Ansari, and Abdul Majid, on bail, granting them the benefit of doubt due to the police not submitting the charge-sheet on time.
The High Court considered the magistrate’s order against the rules, which had given the police additional time to present the charge-sheet. The main accused of the violence have however not yet been granted bail.
During today’s hearing, it was argued on their behalf that the court first granted bail to Safia Malik, followed by bail to 50 other people involved in the riot. Based on this, it was argued that they should also be released on bail.
The accused alleged that the police had registered a case against them under sections 120B, 417, 420, 467, 468, and 471 of the IPC without investigating the case. Despite several months passing, the police have still failed to prove their crime. According to legal provisions, within 90 days of the crime, it is necessary for the police to present the investigation report of the crime in the court. In this case, the police have not yet submitted the investigation report, and the magistrate gave the police additional time to present the charge sheet. Taking advantage of this, the accused argued that they should be granted bail. After hearing the entire case, the High Court ordered the release of 22 accused on bail.
On 24 July 2024, Safia Malik, wife of Abdul Malik, who is the main accused according to Haldwani Police was also granted bail. Then, in August 2024, 50 other accused were granted bail. Today, 22 more individuals have been granted bail, bringing the total to 73 people who have been granted bail, raising questions about the efficiency and sincerity of the Police. That even after such a long time of one year since the violence and arson in Banbhulpura, the police have been unable to file chargesheet speaks volumes about the level and quality of investigation into the violence and that too involving such a serious crime.
Violence took place in Banbhulpura on 8 February last year. The municipal administration and police team that went to remove encroachments in Banbhulpura area of Haldwani were attacked by the encroachers as well as hundreds of other miscreants, all from a particular community. During this violence, incidents of arson and firing had also taken place.
The accused in the violence case are represented in the Court by the lawyers of Jamiat Ulema-e-Hind.
