WPCRL/1779/2025
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Uttarakhand High Court

WPCRL/1779/2025 on 30 December, 2025

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                               WPCRL No.1779 of 2025

                               Hon'ble Ashish Naithani, J.

Mr. G.D. Joshi, learned counsel for the Petitioners.

2. Mr. S.S. Chauhan, learned DAG with Mr. Vikash Uniyal, learned Brief Holder, for the State of Uttarakhand/1 & 2.

3. The present Petitioners have put a challenge to the FIR No.0334 of 2025, dated 21.12.2025, which was registered at Police Station Gadarpur, District Udham Singh Nagar for their alleged involvement in commission of the offences under Sections 66(D), 318 (4), 351 (2) and 352 of BNS.

4. As far as the offences under Section 66(D), 318 (4), 351 (2) and 352 of BNS, 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 Petitioners, subject to the condition that they cooperate with the investigation and render full support to the Respondent No.2.

5. 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 Petitioners for not cooperating in the investigation, the benefit as granted by this order would automatically seize to have its effect.

(Ashish Naithani, J.) 30.12.2025 Nitesh/