WPCRL/1713/2025
2025 Latest Caselaw 6525 UK

Citation : 2025 Latest Caselaw 6525 UK
Judgement Date : 23 December, 2025

[Cites 1, Cited by 0]

Uttarakhand High Court

WPCRL/1713/2025 on 23 December, 2025

                                                                                       COURT'S OR JUDGE'S ORDERS

             Office Notes,
            reports, orders
            or proceedings
SL.   Dat
             or directions
No.    e
            and Registrar's
              order with
              Signatures
                                                                                      2025:UHC:11488

                               WPCRL No.1713 of 2025

                               Hon'ble Ashish Naithani, J.

Mr. Akshay Pradhan, learned counsel for the Petitioner.

2. Mr. G.C. Joshi, learned AGA, for the State of Uttarakhand/1 & 2.

3. Mr. Manish Baidwan, learned counsel for the Respondent No.3 through VC.

4. The present Petitioner has put a challenge to the FIR No.99 of 2025, dated 04.12.2025, which was registered at Police Station Ranipokhri, District Dehradun for his alleged involvement in commission of the offences under Sections 318 (2) and 61 (2) of BNS, 2023.

5. As far as the offences under Sections 318 (2) and 61 (2) of BNS, 2023, are concerned, it carry a sentence of less than seven years, and it will be covered by the ratio laid down by the Hon'ble Apex Court in the matters of "Arnesh Kumar vs. State Of Bihar" reported in 2014 (8) SCC 273, where the Applicant is required to surrender before the court and seek his bail. However, the said benefit of "Arnesh Kumar vs. State of Bihar", would be extended to the Petitioner, subject to the condition that he cooperates with the investigation and render full support to the Respondent No.2.

6. In view of the aforesaid, this writ petition is being disposed of under the guidelines framed under the judgment of "Arnesh Kumar vs State of Bihar". However, if there is any dereliction on part of the Petitioner for not cooperating in the investigation, the benefit as granted by this order would automatically seize to have its effect.

(Ashish Naithani, J.) 23.12.2025 Nitesh/