ABA/1214/2025
2025 Latest Caselaw 5686 UK

Uttarakhand High Court

ABA/1214/2025 on 20 November, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                      2025:UHC:10300
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                               ABA No. 1214 of 2025

                               Hon'ble Rakesh Thapliyal, J.

1. Mrs. Manisha Bhandari, learned counsel for the applicants.

2. Mr. Sandeep Sharma, learned A.G.A. with Mrs. Meenakshi Sharma, learned Brief Holder for the State.

3. Learned counsel for the applicants argued that during investigation Section 109 of BNS, 2023 is now deleted and in respect of rest of the offences the investigation is going on and all the offences in which now investigation is going on are punishable for less than 7 years and concerned I.O. already issued the notices under Section 35(3) of BNSS, 2023 and the applicants are cooperating with the investigation.

4. In such view of the matter, since all the offences in which the investigation is going on are punishable for less than 7 years, the instant anticipatory bail application is disposed of finally in terms of the judgment of the Hon'ble Apex Court in the case of Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273.

5. It is made clear that the investigation shall go on and the applicant shall cooperate with the investigation and while completing the investigation the Investigating Officer shall follow the guidelines of the aforesaid judgment.

(Rakesh Thapliyal, J.) 20.11.2025 PR 2025:UHC:10300