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2026 DAILYLAW 6124 (UTT)

MOHD ADNAN v. STATE OF UTTARAKHAND

ABA/172/2026 · 2026-05-25

Rakesh Thapliyal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:4114 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS ABA/172/2026 Hon'ble Rakesh Thapliyal, J. 1. Ms. Prabha Naithani, learned counsel for the applicant. 2. Mr. Tumul Nainwal, learned A.G.A. for the State. 3. Present applicant Mohd. Adnan, S/o Parvez Ahmed praying for anticipatory bail in reference to FIR dated 18.04.2026 bearing FIR No. 0116 of 2026 at P.S. Ramnagar District Nainital which was lodged against some unknown person for the offence punishable under Section 140(3) of BNS 2023. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and police is unnecessarily harassing him, though, the FIR is nothing but a missing report of minor daughter of the complainant who left for school at 7:30 am and on the same day she returned back at about 2:35 pm. She submits that the present applicant is running a cafe, namely, Qazi Cafe Home Stay Himmatpur Dotiyal on lease and one Bhaskar Joshi was in fact his manager and owner of the home stay is one Sajid from whom the applicant got a lease for five years. 5. The case of the prosecution is that two minor girls and two boys were taken into custody by Ramnagar Police from Qazi Home Stay on 18.04.2026 at about 10:00 am and on the same day video was uploaded on facebook account by one Madan Joshi wherein several comments were made by some other persons. She submits that applicant is innocent and be granted anticipatory bail and the applicant will cooperate with the investigation. 6. On the other side, Mr. Nainwal, learned A.G.A. for the State apprise to this Court that N.B.W. have already been issued against the applicant and after lodging of FIR, the 2026:UHC:4114 statement of other persons were recorded and investigation reveals that even actual owner of the home stay who has given the stay home on lease to the present applicant warned on several occasion to the applicant to stop all these activities which he is carrying out in the home stay. Even the statements of the local residents were also recorded and they stated that the present applicant is the key person who is doing all those activities under the garb of running a home stay. 7. The instructions reveals that the victim was also examined who is minor. The instructions further reveals that objectionable materials were also recovered from the home stay and the entry register was also taken into custody in which there is no entry of minor girl/victim and even the I.D. was not taken. The instructions further reveals that applicant is absconding and there are sufficient materials against him and N.B.W. has already been issued. 8. After hearing the rival submission of the parties and also after gone through with the instructions I do not find any ground to grant anticipatory bail to the present applicant. The same is accordingly dismissed. (Rakesh Thapliyal, J.) 25.05.2026 Parul 2026:UHC:4114