2025:UHC:10531 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS ABA No. 1228 of 2025 Hon’ble Rakesh Thapliyal, J. (Through V.C.) 1. Mr. Akshay Pradhan, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned A.G.A. for the State. 3. The present applicant ‘Sher Ali’ S/o Late Rifakat praying for anticipatory bail in reference to First Information Report dated 04.11.2025 bearing FIR No. 0302 of 2025 P.S. Kaliyar Sharif, District Haridwar, wherein, the applicant has been implicated for the offences punishable under Sections 131, 318(4), 336(3), 340(2), 351(2) and 351(3) of BNS, 2023. 4. Learned counsel for the applicant argued that pursuing to the aforesaid First Information Report there is an apprehension of arrest though the offences are punishable for less than 7 years and in such an eventuality the Investigating Agency should follow the guidelines as laid down by the Hon’ble Apex Court in the case of Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273. 5. He also submits that the apprehension of arrest is also because of the reason that uptill date no notice under Section 35(3) of BNSS, 2023 has been issued. 6. Learned A.G.A. Mr. Sandeep Sharma have not disputed that all the offences are punishable for less than 7 years and in such an eventuality the Investigating Officer follow the guidelines by issuing notice under Section 35(3) of BNSS, 2023. 7. Be that as it may, the Investigating Officer concerned have to issue the notices under Section 35 of BNSS, 2023 and if the applicant did not respond to the notice the Investigating Officer shall take appropriate steps. 8. In view of the discussions as above, the anticipatory bail application is disposed of finally in terms of the judgment rendered by the Hon’ble Apex Court in the case of Arnesh Kumar vs. State 2025:UHC:10531 of Bihar (2014) 8 SCC 273 with the direction that the investigation may go on, subject to the Cooperation of the applicant with the investigation, however, the Investigating Officer shall issue proper notice under Section 35(3) of BNSS, 2023. (Rakesh Thapliyal, J.) 26.11.2025 PR 2025:UHC:10531