A Division Bench orders the matter to be placed before a new bench; lawyers claim false implication
NAINITAL — The Uttarakhand High Court on Wednesday declined to grant bail to Abdul Malik, named by police as the main accused in the Banbhoolpura violence that broke out in Haldwani on 8 February, 2024.
The matter was heard in Nainital, where a Division Bench refused to entertain Malik’s bail plea. The case will now be placed before a new Division Bench to be constituted by the Chief Justice of the High Court.
Earlier, the same bench had granted bail to several co-accused, including Mokin Saifi, Zia-ur-Rehman and Rais Ahmad. However, Malik has not received similar relief so far.
During the hearing held on 18 February, counsels for the applicant, Vikas Guglani and CK Sharma, argued that their client was not present at the site of arson during the violence.
“Our client was not at the scene. If he was not involved, on what basis have the police registered cases against him?” one of the lawyers submitted before the court.
They further argued that since other accused persons in the same case had already been granted bail, Malik should be treated on the same footing.
The lawyers said that for certain reasons, the bench hearing the matter declined to proceed with the case and directed that it be listed before another bench.
According to police records, four cases were registered against Abdul Malik and others in connection with the Banbhoolpura violence.
One of the cases relates to the alleged illegal occupation of government land. The FIR claims that Malik occupied government land based on a false affidavit, developed plots, carried out unauthorised construction and later sold the land. It is further alleged that when district authorities reached the area to remove encroachments, they faced stone-pelting.
Violence erupted in Banbhoolpura in 2024 and later escalated into large-scale unrest. Several government officials, police personnel and civilians were injured. There were also reports of fatalities during the clashes.
Supporters of Malik have maintained that he has been falsely implicated.
“Their names are not even mentioned in the original FIR. They have been dragged into the case later,” a person close to the family said. “Many others accused in the riots have already been granted bail. He should also be given the same relief.”
Police officials, however, have maintained that the investigation is based on evidence collected during the probe. No detailed comment was made in court regarding the merits of the bail plea at this stage.
With the Division Bench declining to hear the plea, the matter will now be placed before a newly constituted bench. The outcome will determine whether Malik remains in custody or secures interim relief.
The case continues to draw attention in Haldwani, where the 2024 violence had a deep impact on the local community.
