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2025 DAILYLAW 14822 (UTT)

SUMIT KUMAR AND ORS v. STATE OF UTTARAKHAND

WPCRL/1524/2025 · 2025-11-25

Ashish Naithani

body2025

Judgment text

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:10462 WPCRL No.1524 of 2025 Hon’ble Ashish Naithani, J. Mr. Gaurav Singh, learned counsel for the Petitioners through VC. 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.326 of 2025, dated 13.11.2025 which was registered at Police Station Jhabrera, District Haridwar for their alleged involvement in commission of the offences under Sections 318 (4), 336 (3), 340 (2) and 351 (2) of the Bharatiya Nyaya Sanhita, 2023. 4. As far as the offences under Sections 318 (4), 336 (3), 340 (2) and 351 (2) of the Bharatiya Nyaya Sanhita, 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 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.) 25.11.2025 Nitesh/