Uttarakhand High Court
C528/1611/2026 of GULZAR MALIK Vs STATE OF UTTARAKHAND on 28 July 2026
Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures UKHC010130742026 2026:UHC:6507 COURT’S OR JUDGE’S ORDERS C528/1611/2026 Gulzar Malik --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. Mr. Nitin
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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures
UKHC010130742026
2026:UHC:6507
COURT’S OR JUDGE’S ORDERS
C528/1611/2026
Gulzar Malik
--Applicant Versus State Of Uttarakhand
--Respondent
Hon'ble Rakesh Thapliyal, J.
Mr. Nitin Kamal, Mr. Akeeb Ahmed and Mr. Asif Chaudhary, learned counsel for the applicant.
2. Mr. Himanshu Sain, learned AGA for the State.
3. Present applicant is facing trial for the offence punishable under Section 354 A, 363 IPC read with Section 8, 17 of POCSO act in Special Session Trial No.32 of 2023 arising out of FIR No.26 of 2023 pending in the court of learned Special Judge (POCSO)/District & Sessions Court, Chamoli Gopeshwar, Uttarakhand.
4. The main grievance of the present applicant is that due to non appearance non- bailable warrant was issued since at that time the applicant was in abroad and when he came back he moved an application for recalling the non-bailable-warrant but the same has been rejected by the learned trial court vide order dated 04.05.2026.
5. Learned counsel for the applicant submits that applicant is now ready to face the trial and he will not leave the country without leave of the trial court but the non- bailable-warrant, issued against him, be recalled.
6. Mr. Himanshu Sain, learned AGA submits that earlier the applicant avoided to face the trial court proceeding and now if he is ready to face the trial and will not leave the country without leave of the trial court, the non-bailable-warrant, may be suspended.
7. In such view of the matter since the relief, as sought, appears to be innocuous, particularly, when the applicant is now ready to face the trial for substantial justice, the non-bailable-warrant, issued against the applicant is suspended subject to the condition that the applicant shall present before the trial court on the next date fixed.
8. It is made clear that if the applicant failed to appear before the trial court on the next date fixed, the non-bailable-warrant, issued against the applicant would automatically be revived.
9. It is further made clear that the applicant shall not leave the country without leave of the court.
10. Subject to the observation and direction above, the instant petition is disposed of finally.
(Rakesh Thapliyal, J.) 28.07.2026 Arti