2025:UHC:9825 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS ABA No. 1 1 9 8 of 2 0 2 5 W it h ABA No. 1 1 9 9 of 2 0 2 5 Hon 'ble Rak esh Th apliyal, J. 1. Mr. S.C. Burman, learned counsel for the applicant. 2. Mr. G.S. Sandhu, learned Addl. Advocate General with Mr. Pratiroop Pandey, learned A.G.A. for the State. 3. These two anticipatory bail applications have been moved by the applicant Abhishek Saini and his wife Smt. Nidhi Srivastav praying for anticipatory bail in reference to FIR dated 22.06.2024 and 21.06.2025, bearing FIR Nos. 197 of 2024 and 195 of 2024, registered at P.S. Nehru Colony District Dehradun wherein the applicants have been implicated for the offences punishable under Sections 420, 504 and 506 IPC. 4. It has been pointed out by Mr. Sandhu, learned Addl. Advocate General that earlier writ petition WPCRL No. 712 of 2024 was filed by the petitioners challenging the FIR dated 22.06.2024 bearing FIR No. 197 of 2024 and the writ petition was disposed of by the Coordinate Bench on 01.04.2025 in terms of the guidelines issued by the Hon’ble Apex Court in the case of Arnesh Kumar vs. State of Bihar, (2014)8 SCC 273. The Coordinate Bench further directed that since the offences carries a punishment maximum to seven years, therefore, before resorting to any arrest a prior notice under Section 35(3) of the BNSS 2023 is necessary to be issued to the petitioners, and, as such, Coordinate Bench directed that before taking any coercive measures against the petitioners the Investigating Officer shall abide by procedure given under Section 35(3) of the BNSS 2023. 2025:UHC:9825 5. Mr. Sandhu, on instructions, apprise this Court that in compliance to the order passed by the coordinate Bench dated 01.04.2025, notices under Section 35(3) of BNSS was given to the applicants on 22.04.2025. He also submits that notices issued earlier, under Section 35(3) of BNSS (under Section 41A of Cr.P.C.) were not disclosed before the Coordinate Bench since, Coordinate Bench decide the writ petition on 01.04.2025. He also submits that the petitioners are not cooperating in the investigation despite repeated notices issued under Section 35(3) of BNSS 2023. 6. Mr. Sandhu, also submits that while carry out the investigation the I.O. will follow the guidelines issued by the Hon’ble Apex Court in the case of Arnesh Kumar (supra) but their cooperation are necessary. 7. After hearing the arguments of the learned counsel for the parties and taking into consideration that already protection was granted to the petitioners in terms of the order dated 01.04.2025 passed in WPCRL No. 712 of 2024, therefore, there is no occasion to the applicants to file these anticipatory bail applications. It appears that instead of cooperating with the investigating agency, the present applicant filed these anticipatory bail applications which are thoroughly misconceived, which further reveal that the applicants did not approach this Court with clean hands, particularly, when protection was already granted by the Coordinate Bench. 8. Accordingly, both the anticipatory bail applications are dismissed. ( Rak esh Th apliy al, J.) 0 7 .1 1 .2 02 5 Parul 2025:UHC:9825