WPCRL/1440/2025
2025 Latest Caselaw 5548 UK

Uttarakhand High Court

WPCRL/1440/2025 on 17 November, 2025

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                                                                                      2025:UHC:10144

                               WPCRL No.1440 of 2025

                               Hon'ble Ashish Naithani, J.

Ms. Sarita Bisht, learned counsel for the Petitioner.

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

3. The present Petitioner has put a challenge to the FIR No.0158 of 2024, dated 26.08.2024 which was registered at Police Station Nanakmatta, District Udham Singh Nagar for his alleged involvement in commission of the offences under Sections 420, 504 and 506 of IPC.

4. As far as the offences under Sections 420, 504 and 506 of IPC 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.

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

(Ashish Naithani, J.) 17.11.2025 Nitesh/