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:8778

WPCRL No.1116 of 2025

Hon’ble Ashish Naithani, J.

Mr. Avtar Singh Rawat, learned senior counsel for the

Petitioners.

2. Mr. G.C. Joshi, learned AGA, for the State of

Uttarakhand/1 and 2.

3. The present petitioners have put a challenge to the FIR No.48 of 2025, dated 06.09.2025, which was registered at Police Station Barkot, District Uttarkashi, Uttarakhand for their alleged involvement in commission of the offences under Sections 126,

191 (2) of B.N.S, 2023.

4. As far as the offence under Sections 126, 191 (2) of B.N.S. 2023 is 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.

(Ashish Naithani, J.)

06.10.2025

Nitesh/