WPCRL/1165/2025
2025 Latest Caselaw 5685 UK

Uttarakhand High Court

WPCRL/1165/2025 on 20 November, 2025

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                                                                              2025:UHC:10347

                              WPCRL No.1165 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. Mani Kumar, learned counsel for the Petitioner.

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

3. The present Petitioner has put a challenge to the FIR No.474 of 2025, dated 19.09.2025 which was registered at Police Station Rudrapur, District Udham Singh Nagar for his alleged involvement in commission of the offences under Sections 318 (4) of Bharatiya Nyaya Sanhita 2023 and under Sections 3(1) (r) & 3(1) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

4. As far as the offences under Sections 318 (4) of Bharatiya Nyaya Sanhita 2023 and under Sections 3(1) (r) & 3(1) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 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.) 20.11.2025 Nitesh/