2025:UHC:10444 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS ABA/1221/2025 Hon'ble Rakesh Thapliyal, J. (Through V.C.) 1. Mr. Abhishek Dutt, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant Virendra Jadhav is praying for anticipatory bail in reference to FIR dated 28.05.2025, registered as FIR No. 0012 of 2025 at P.S. Rudrapur District U.S. Nagar which was lodged for the offences punishable under Section 66-D of the I.T. Act read with Section 318(4) of BNS 2023. 4. On instructions, the State Counsel apprise to this Court that the Investigating Officer issued notice under Section 35(3) of BNSS 2023, however, the applicant is not cooperating with the investigation, since, he has not responded to the notice. He further pointed out that there is no apprehension of arrest, since, Investigating Officer issued the notice under Section 35(3) of BNSS 2023. 5. Taking into consideration that the concerned Investigating Officer issued the notice under Section 35 of BNSS 2023 to the applicant but he is not cooperating with the investigation though the learned counsel for the applicant submits that the applicant is ready to cooperate with the investigation and will respond to the notice, in such view of the matter, when the I.O. concerned issued the notice under Section 35(3) of BNSS 2023, the instant anticipatory bail application is disposed of in terms of the judgment of the 2025:UHC:10444 Hon’ble Apex Court in the case Arnesh Kumar vs. State of Bihar, (2014)8 SCC 273 and the concerned I.O. shall to proceed with the investigation after following guidelines of the Hon’ble Apex Court in the case of Arnesh Kumar. Simultaneously, the applicant is also directed to cooperate with the investigation failing which the I.O. concerned is at liberty to take appropriate steps. (Rakesh Thapliyal, J.) 24.11.2025 Parul