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2025 DAILYLAW 4531 (UTT)

AHSAN v. STATE OF UTTARAKHAND

ABA/319/2025 · 2025-04-02

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:2404 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 02ND APRIL, 2025 ANTICIPATORY BAIL APPLICATION NO.319 of 2025 Ahsan and Others ..…Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicant s : Mr. Ravi Bisht, Advocate holding brief of Mr. Aditya Pratap Singh, Advocate. Counsel for the State : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. Applicants are apprehending their arrest for the alleged offences registered as Case Crime No.280 of 2025 at Police Station Manglaur, District Haridwar punishable under Sections 115(2), 351(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023. 2. Supplementary affidavit dated 28.03.2025, filed on behalf of the applicants, is taken on record. 3. Heard Mr. Ravi Bisht, learned counsel holding brief of Mr. Aditya Pratap Singh, learned counsel for 1 2025:UHC:2404 applicants and Mr. G.S. Sandhu, learned Additional Advocate General for State. 4. Mr. Ravi Bisht, Advocate, submitted that since the offences are punishable up-to 7 years of imprisonment, there is no necessity of arrest. In case of “Arnesh Kumar vs. State of Bihar”, (2014) 8 SCC 273, directions have been issued about the necessity and procedure for arrest. 5. Mr. Ravi Bisht, Advocate, has requested to decide the present Application, filed for anticipatory bail, directing the Investigating Officer to follow the judgment of the Hon’ble Supreme Court, passed in “Arnesh Kumar vs. State of Bihar” (Supra). 6. The said request has not been opposed by Mr. G.S. Sandhu, learned Additional Advocate General. 7. I have gone through the present matter. I am of the opinion that the guidelines framed by the Hon’ble Supreme Court in “Arnesh Kumar vs. State of Bihar” (Supra) are equally applicable to the facts of the instant case. 8. Accordingly, the present Application, filed for Anticipatory Bail (No.319 of 2025), is disposed of with a direction to the Investigating Officer to follow the guidelines formulated by the Hon’ble Supreme Court in 2 2025:UHC:2404 “Arnesh Kumar vs. State of Bihar” (Supra). ___________________ ALOK KUMAR VERMA, J. Dt:02.04.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7 326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32 DE6BA960BFE64D819EE44CA9CCE487B2FE0F9 2, cn=NEHA BISHT Date: 2025.04.02 18:51:51 +05'30'