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2025 Supreme(Online)(UK) 3363

HIGH COURT OF UTTARAKHAND
ABBAS AND ORS – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPCRL 1480 / 2025



SL. N o. D a t e Office N ot e s, r e por t s, or de rs or pr oce e din gs or dir e ct ion s a n d Re gist r a r’s or de r w it h Sign a t u r es COURT’S OR JUD GE’S ORD ERS 2025:UHC:10195
WPCRL No.1480 of 2025 H on’ble Ashish N a it ha ni, J. Mr. Bilal Ahmed, learned counsel for the Petitioners through VC. 2. Mr. B.C. Joshi, learned AGA, for the State of Uttarakhand/1 and 2. 3. The present Petitioners has put a challenge to the Case Crime No.632 of 2025, which was registered at Police Station Jawalapur, District Haridwar for their alleged involvement in commission of the offences under Sections 115(2), 191(2), 333 and 352 of BNS. 4. As far as the offences under Sections 115(2), 191(2), 333 and 352 of BNS 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 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. ( Ash ish N a it h an i, J.) 1 8 .1 1 .2 0 2 5 Nit esh/

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