[Cites 1, Cited by 0]
Uttarakhand High Court
BA1/2484/2025 on 17 February, 2026
2026:UHC:1035
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1 No.2484 of 2025
Hon'ble Alok Mahra, J.
Mr. Arvind Vashishta, Senior
Advocate, assisted by Ms. Disha
Vashistha, Advocate, holding brief of Dr.
Neha Gupta, Advocate for the applicant.
Mr. J.P. Kandpal, Brief Holder for
the State of Uttarakhand.
Mr. B.S. Adhikari, Advocate for the
complainant.
2. This first bail application has been
moved by the applicant seeking regular
bail in F.I.R./Case Crime No.239 of 2025,
under Section 103, 115(2), 191(2),
191(3), 190, 352 & 117(2) of B.N.S.,
registered at Police Station Kotwali
Roorkee, District Haridwar.
3. The applicant stands implicated in
the aforesaid F.I.R. along with 11 named
persons, but the charge sheet has been
filed against only four, including the
applicant. The applicant has remained in
judicial custody since 14.08.2025, which
spans over six months at this stage.
4. Learned Senior Counsel for the
applicant vehemently argues false
implication, drawing this Court's pointed
attention to the statements of witnesses
Salman, Khushnasib, and Anis recorded
under Section 180 B.N.S.S. by the
Investigating Officer. Crucially, none of
these witnesses implicates the applicant
by name. The injured eyewitness further
specifies that one Jaid held a Tabal;
while, Anis wielded a knife, attributing no
overt act to the applicant. The post-
2026:UHC:1035
mortem report of the deceased
unequivocally records the cause of death
as head injury from a hard and blunt
object, with no injuries linked to any
weapon or role attributable to the
applicant.
5. Per contra, learned counsel for the
complainant submits that other two
eyewitnesses, namely, Munis and Iftakar
in their statements recorded before the
Investigating Officer have named the
applicant.
6. To this, learned Senior Advocate
appearing for the applicant submits that,
even though the aforesaid two witnesses
have named the applicant in their
respective statements, their versions are
consistent and omnibus in nature,
without attributing any specific role or
overt act to the applicant. It is contended
that no material is forthcoming to
demonstrate any act of assault,
instigation, abetment, or active
participation on the part of the applicant
in the alleged occurrence.
7. Heard learned counsel for the
parties and perused the material
available on record. A careful scrutiny of
the statements of the two alleged
eyewitnesses, namely, Munis and Iftakar,
reveals that no specific or overt role has
been attributed to the applicant in the
alleged occurrence. The said statements
merely indicate his peripheral presence
without detailing any act of commission
or omission so as to prima facie connect
him with the alleged offence. The
prosecution case, at this stage, appears
attenuated, inasmuch as, there is no
cogent material linking the applicant
either to the principal assault or to the
2026:UHC:1035
cause of death. The inconsistencies in
the witness accounts and absence of
specific attribution furnish reasonable
grounds to extend the benefit of bail. The
applicant has no criminal antecedents
and there is nothing on record to suggest
that his release would prejudice the trial.
Continued incarceration would be
violative of Article 21, particularly in
absence of compelling material under
Section 103 B.N.S.
8. Considering the submission of
learned counsel for the parties and
without expressing any opinion as to the
final merits of the case, this Court is of
the view that applicant deserves bail at
this stage.
9. The bail application is allowed.
10. Let the applicant, namely, Maajid
Qureshi be released on bail, on executing
personal bond and furnishing two reliable
sureties, each of like amount, to the
satisfaction of Court concerned.
(Alok Mahra, J.)
17.02.2026
Arpan
ARPAN
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
2.5.4.20=eabb68a3895e41937c266c23964c048
5365445e3a20dddb7393398f9fe45ba3e,
JAISWAL
postalCode=263001, st=UTTARAKHAND,
serialNumber=060FC17022BEAE3DE215D68D9
D454C5109CB987446351E4DF04AADAA2C2CE
A66, cn=ARPAN JAISWAL
Date: 2026.02.17 17:25:44 +05'30'
