I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

02^ND APRI L, 2025 ANTI CI PATORY BAI L APPLI CATI ON NO.319 of 2025 Ahsan and Others ..…Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicant s : Mr. Ravi Bisht, Advocate holding brief of Mr.

Aditya Pratap Singh, Advocate.

Counsel for the State : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder.

Hon’ble Alok Kum ar Verm a,J.

Applicants are apprehending their arrest for the alleged offences registered as Case Crime No.280 of 2025 at Police Station Manglaur, District Haridwar punishable under Sections 115(2), 351(2) and Section

352 of the Bharatiya Nyaya Sanhita, 2023.

2. Supplementary affidavit dated 28.03.2025, filed on behalf of the applicants, is taken on record.

3. Heard Mr. Ravi Bisht, learned counsel holding brief of Mr. Aditya Pratap Singh, learned counsel for applicants and Mr. G.S. Sandhu, learned Additional Advocate General for State.

4. Mr. Ravi Bisht, Advocate, submitted that since the offences are punishable up-to 7 years of imprisonment, there is no necessity of arrest. In case of “Arnesh Kum ar vs. State of Bihar” , ( 2014) 8 SCC 273, directions have been issued about the necessity and procedure for arrest.

5. Mr. Ravi Bisht, Advocate, has requested to decide the present Application, filed for anticipatory bail, directing the Investigating Officer to follow the judgment of the Hon’ble Supreme Court, passed in “Arnesh Kum ar vs. State of Bihar” (Supra).

6. The said request has not been opposed by Mr. G.S. Sandhu, learned Additional Advocate General.

7. I have gone through the present matter. I am of the opinion that the guidelines framed by the Hon’ble Supreme Court in “Arnesh Kum ar vs. State of Bihar” (Supra) are equally applicable to the facts of the instant case.

8. Accordingly, the present Application, filed for Anticipatory Bail (No.319 of 2025), is disposed of with a direction to the Investigating Officer to follow the guidelines formulated by the Hon’ble Supreme Court in “Arnesh Kum ar vs. State of Bihar” (Supra).

___________________ ALOK KUMAR VERMA, J.

Dt:02.04.2025 Neha NEHA D Di Ng :i t ca =ll Iy N s , i og =n He Id G b Hy C N OE UH RA T B OIS FH UT T TARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7

326b08b2d0e018b01be753f014836d27, BISHT postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32 DE6BA960BFE64D819EE44CA9CCE487B2FE0F9

2, cn=NEHA BISHT Date: 2025.04.02 18:51:51 +05'30'