The Supreme Court on Friday dismissed the Uttarakhand government's plea challenging the bail granted to Abdul Malik, an accused in the 2024 Haldwani violence case, while expressing serious reservations over the invocation of the Unlawful Activities (Prevention) Act (UAPA) in the case.

A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana declined to interfere with the Uttarakhand High Court's order granting bail to Malik, holding that even if the High Court's reasoning was deficient, there was no reason to interfere in a matter concerning personal liberty.

The case arose from the Uttarakhand High Court's April 16, 2026 order granting bail to Malik, who is facing charges under several provisions of the Indian Penal Code, the UAPA, the Arms Act and other penal statutes in connection with the February 8, 2024 Banbhoolpura violence in Haldwani. The High Court had noted that the investigation itself showed Malik was not present at the spot during the incident and that a co-accused, including his son Abdul Moied, had already been granted bail.

Senior Advocate Gaurav Bhatia, appearing for the State of Uttarakhand, argued before the Supreme Court that the High Court had granted bail through a non-speaking order despite Malik being the "main conspirator" behind the violence and his physical absence at the spot was immaterial. He argued that the strict conditions under Section 43D(5) of the UAPA were not considered.

However, Justice Joymalya Bagchi questioned the very applicability of the UAPA to the allegations. Bhatia replied that the case involved arson and throwing of petrol bombs at a police station.

"If a mob goes and burns down a police station, will that per se attract UAPA?" Justice Bagchi asked. Bhatia said that UAPA gets attracted if there is a threat to public order. Justice Bagchi responded that there was a difference between public order and national security.

The judge observed that the Bench had "serious doubt" about the addition of UAPA charges.

"We have serious doubt about the addition of UAPA, that is why we are not inclined to entertain the State's SLP," Justice Bagchi remarked.

Responding to the State's submission that the High Court order lacked adequate reasons, Justice Bagchi said the issue of liberty could not turn solely on the quality of judicial reasoning.

"Liberty does not depend on inaccuracy of a court. It depends on the prosecution case," he observed. When Bhatia said that there are judgments of the Supreme Court saying that bail cannot be granted by cryptic orders, Justice Bagchi said, "We feel those judgments need review."

Chief Justice Surya Kant also expressed disinclination to interfere with the bail order, emphasising that appellate interference was unwarranted merely because the High Court's reasoning may have been imperfect.

"In these facts, we don't really require a speaking order from the High Court. It is sufficient if application of mind is indicated. He has been in custody for two years. Even if bail is granted for a wrong reason, we should not interfere. We should not interfere," the Chief Justice said.

The Bench also took note of the slow progress of the trial. Justice Bagchi observed that if the allegations were as grave as claimed by the State, it ought to have secured conviction by now.

"If demoralizing of police is your concern, you should have obtained conviction in two years. You have abysmally failed," Justice Bagchi told the State. Bhatia said that a two-year custody in a case of attack on a police station, which can attract life imprisonment, was not a material consideration. He claimed that the respondent posed a "danger to the society."

He further said that the pace of the trial was under the control of the Court concerned. Justice Bagchi said that if there was delay, then the prosecution could have approached the High Court or the Supreme Court to expedite it.

Justice Bagchi added that the defence had an "arguable case" against the UAPA invocation.

Case : STATE OF UTTARAKHAND Vs ABDUL MALIK | SLP(Crl) No. 12779/2026