Extracted from the PDF above. The PDF is authoritative.
SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
2025:UHC:10511
WPCRL No.1537 of 2025 Hon’ble Ashish Naithani, J.
Mr. Naitik Bhat, learned counsel for the Petitioner.
2. Mr. Rakesh Negi, learned Brief Holder, for the State of Uttarakhand/1 and 2.
3. The present Petitioner has put a challenge to the FIR No.0392 of 2025, which was registered at Police Station Nehru Colony, District Dehradun for his alleged involvement in commission of the offences under Sections 318 (4) and 61 (2) of the Bharatiya Nyaya Sanhita, 2023 and under Section 24 of the Emigration Act, 1983.
4. As far as the offences under Sections 318 (4) and 61 (2) of the Bharatiya Nyaya Sanhita, 2023 and under Section 24 of the Emigration Act, 1983, 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 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 Petitioner for not cooperating in the investigation, the benefit as granted by this order would automatically seize to have its effect.
(Ashish Naithani, J.) 26.11.2025 Nitesh/