WPCRL/1824/2025 on 2 January, 2026

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                               WPCRL No.1824 of 2025

                               Hon'ble Ashish Naithani, J.

Mr. Basant Singh, learned counsel holding brief of Mr. Harshpal Sekhon, learned counsel for the Petitioner.

2. Mr. Rakesh Negi, learned Brief Holder, for the State of Uttarakhand/1 to 3.

3. The present Petitioner has put a challenge to the FIR No.547 of 2025, dated 16.12.2025, which was registered at Police Station Jaspur, District Udham Singh Nagar for his alleged involvement in commission of the offences under Sections 112, 318 (4), 351 (2), 61 (1) (b) of the Bhartiya Nyaya Sanhita, 2023.

4. As far as the offences under Sections 112, 318 (4), 351 (2), 61 (1) (b) of the Bhartiya Nyaya Sanhita, 2023, 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.3.

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.) 02.01.2026 Nitesh/