Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 384 (UTT)

MOSEEN MALIK v. STATE OF UTTARAKHAND

BA1/136/2026 · 2026-01-29

Subhash Upadhyay

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:661 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/136/2026 Hon’ble Subhash Upadhyay, J. Mr. Mohd. Safdar, learned counsel for the applicant. 2. Mr. Devendra Rana, learned AGA assisted by Mr. Vikas Uniyal, Brief Holder for the State 3. Applicant- Moseen Malik, who is in judicial custody in connection with Case Crime No. 11 of 2025, under Sections 318(4), 351(2) Bhartiya Nyaya Sanhita, 2023, PS Satpuli, Dstrict P auri Garhwal, has sought his release on bail. 4. Heard learned counsel for the parties and perused the material available on record. 5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has been made escape goat. Moreover, there is inordinate and un-explained delay in lodging the FIR as the incident is said to has been committed in between 11.09.2022 to December 2024 and the FIR has been lodged on 19.09.2025. Learned counsel further submits that the applicant has no previous criminal history and is having three minor 2026:UHC:661 children and he is the sole earner of his family. He also submits that prior to the arrest of the applicant provisions of Section 35 and 36-C of the BNSS was also not complied with. 6. Learned counsel for the State was granted time to seek instructions. He opposed the bail. 7. However, looking into the entire facts of the case and without commenting on the merits of the matter, the Court is of the opinion that the applicant is entitled to be released on bail. 8. Accordingly, let the applicant be enlarged on bail, on his executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. (Subhash Upadhyay, J.) Vacation Judge 29.01.2026 Kaushal 2026:UHC:661