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HIGH COURT OF UTTARAKHAND
ASHISH AGGARWAL – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPCRL 1482 / 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:10196
WPCRL No.1482 of 2025 H on’ble Ashish N a it ha ni, J. Ms. Tanuj Talwar Shah, learned counsel for the Petitioners. 2. Mr. G.C. Joshi, learned AGA, for the State of Uttarakhand/1 and 2. 3. The present Petitioners has put a challenge to the FIR/Case Crime No.0242 of 2025, which was registered at Police Station Kotwali Kotdwar, District Pauri Garhwal for their alleged involvement in commission of the offences under Sections 115(2), 333, 351(2) and 352 of BNS, 2023. 4. As far as the offences under Sections 115(2), 333, 351(2) and 352 of BNS, 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 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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