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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 and render full support to the

Respondent No.2.

6. 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.)

23.12.2025

Nitesh/