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2025 Supreme(Online)(UK) 41043

HIGH COURT OF UTTARAKHAND
ABISHEK K MONGA – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


COURT’S OR JUDGE’S ORDERS Office Notes, reports, orders or proceedings SL. Dat or directions No. e and Registrar’s order with Signatures 2025:UHC:11488 WPCRL No.1713 of 2025 Hon’ble Ashish Naithani, J.

Mr. Akshay Pradhan, learned counsel for the Petitioner.

2. Mr. G.C. Joshi, learned AGA, for the State of Uttarakhand/1 & 2.

3. Mr. Manish Baidwan, learned counsel for the Respondent No.3 through VC.

4. The present Petitioner has put a challenge to the FIR No.99 of 2025, dated 04.12.2025, which was registered at Police Station Ranipokhri, District Dehradun for his alleged involvement in commission of the offences under Sections 318 (2) and 61 (2) of BNS, 2023.

5. As far as the offences under Sections 318 (2) and 61 (2) 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 Petitioner, subject to the condition that he cooperates with the investigation a

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