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2026 DAILYLAW 7180 (UTT)

MOHD WASEEM QURESHI v. STATE OF UTTARAKHAND

BA1/603/2026 · 2026-06-16

Rakesh Thapliyal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2026:UHC:4914 BA 1st No.603 of 2026 Hon’ble Rakesh Thapliyal, J. Mr. D.S. Patni, learned senior counsel assisted by Mr. Dharmendra Barthwal, learned counsel for the applicant. 2. Mr. Chitrarth Kandpal, learned Brief Holder, for the State of Uttarakhand. 3. The present applicant – Mohd. Waseem Qureshi S/o Sri Abdul Salam, is praying for bail in reference to FIR dated 26.12.2025 bearing FIR No.419 of 2025 lodged by Sri Chintaram Arya, Block Development Officer, wherein, he has been implicated and chargesheeted for the offences punishable under Sections 318 (4), 336 (3), 338, 340 (2) and 62 of BNS, 2023, at Police Station Sitarganj, District Udham Singh Nagar. 4. It is argued by the learned counsel for the applicant that the present applicant is innocent and has been falsely implicated since only on the charge of attempt to make an embezzlement of the government funds, pursuant to the FIR dated 26.12.2025. He further submits that the present applicant is serving as an “Urdu Translator” in the Rural Development Department, and in respect of charge as alleged, the Department should first proceed to hold disciplinary proceedings but without initiating disciplinary proceedings, straightaway the FIR has been lodged, which is nothing but appears to be an abuse of process of law. He further submits that the entire service of applicant is unblemished and even he has no criminal antecedents and is languishing in jail since 16.03.2026, and therefore, the applicant may be released on bail. 5. On the other side, learned Brief Holder for the State have not disputed that without holding a disciplinary proceeding, the FIR has been lodged. He further submits that after completion of the investigation, recently the chargesheet has been filed. About the criminal antecedent, he has not disputed that the applicant has no criminal antecedents and furthermore about his past service record, he has also not disputed. 6. After hearing the arguments of the learned counsel for the parties, and taking into consideration that the present applicant is languishing in jail since 16.03.2026, and have no criminal antecedents and his past service record is unblemished, this Court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed. 8. Let the applicant – Mohd. Waseem Qureshi, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Court concerned. (Rakesh Thapliyal, J.) 16.06.2026 Nitesh/