WPCRL/1259/2025
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Uttarakhand High Court

WPCRL/1259/2025 on 15 October, 2025

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                                                                                       2025:UHC:9233

                               WPCRL No.1259 of 2025

                               Hon'ble Ashish Naithani, J.

Mr. Pawan Mishra, learned counsel for the Petitioner.

2. Mr. Vipul Painuly, learned AGA, for the State of Uttarakhand/1 and 2.

3. The present Petitioner has put a challenge to the FIR/Case Crime No.325 of 2025, which was registered at Police Station Nehru Colony, District Dehradun for his alleged involvement in commission of the offences under Section 305 (a) of B.N.S, 2023.

4. As far as the offence under Section 305 (a) of B.N.S. 2023 is 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.) 15.10.2025 Nitesh/