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2026 DAILYLAW 5259 (UTT)

MOHD MUSTAFA v. STATE OF UTTARAKHAND

BA1/1386/2025 · 2026-01-10

Rakesh Thapliyal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:499 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS BA1 / 1 3 8 6 / 2 0 2 5 Hon 'ble Rak esh Th apliyal, J. 1. Mr. Parikshit Saini, learned counsel with Mr. Mohd. Safdar, learned counsel for the applicant. 2. Mr. G.S. Sandhu, learned Addl. Advocate General with Mr. Himanshu Sain and Meenakshi Sharma, learned Brief Holders for the State. 3. Present applicant Mohd. Mustafa, S/ o Rasheed @ Rashid is praying for bail in reference to FIR dated 02.03.2025, bearing FIR No. 0077 of 2025, registered at P.S. Piran Kaliyar Sharif, District Haridwar wherein the present applicant along with ten others have been implicated for the offences punishable under Sections 144, 64 of BNS 2023 read with Section 3/ 4 and 16/ 17 of the POCSO Act and read with Sections 3, 5, 6, 7 of the Immoral Traffic (Prevention) Act. 4. It is contended by the learned counsel for the applicant that applicant is innocent and has been falsely implicated and the guest house where the incident is alleged to be happened was in fact leased out by the applicant to one Aadil. He also submits that without collecting any credible evidence charge sheet has been filed and the trial has been commenced and two minor victims have been examined by the Trial Court and they have not disclosed the name of the applicant. He further submits that the applicant has not been convicted in any previous criminal case. He further submits that the applicant is languishing in jail since 01.07.2025. 5. On the other side, learned counsel 2026:UHC:499 for the State has not disputed the fact that other two minor victims have not disclosed the name of the applicant during their examination before the Trial Court, however, submits that the applicant have criminal history of eight cases, though he is on bail, out of which five relates to the similar nature of offence. 7. After hearing the arguments of the learned counsel for the parties and taking into consideration that the charge sheet has already been filed , and trial has been commenced and the two minor victims have not disclosed the name of the applicant, this Court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 9. Let the applicant Mohd. Mustafa, be released on bail on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned. 10. It is made clear that after being released on bail the applicant shall join the trial court proceedings on each and every date and will not seek unnecessary adjournment and will ensure his presence on the first day of every month in the nearest police station and the concerned S.H.O. shall record his presence failing which the concerned S.H.O. immediately apprise to the Trial Court. ( Rak esh Th apliyal, J.) 1 0 .0 1 .2 0 2 6 Parul 2026:UHC:499