WPCRL/1280/2025
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Uttarakhand High Court

WPCRL/1280/2025 on 17 October, 2025

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                                                                                       2025:UHC:9352

                               WPCRL No.1280 of 2025

                               Hon'ble Ashish Naithani, J.

Mr. Lalit Kumar, learned counsel for the Petitioner through VC.

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.0754 of 2024, which was registered at Police Station Kotwali, Roorkee, District Haridwar for his alleged involvement in commission of the offences under Section 420 of IPC.

4. As far as the offence under Section 420 of IPC 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 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 petitioners for not cooperating in the investigation, the benefit as granted by this order would automatically seize to have its effect.

(Ashish Naithani, J.) 17.10.2025 Nitesh/