2026:UHC:1529 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. 1008 of 2025, Hon’ble Rakesh Thapliyal, J. 1. Mr. Ankush Singhal, learned counsel holding brief of Mr. Harshpal Sekhon, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned A.G.A. with Mrs. Rangoli Purohit, learned Brief Holder for the State. 3. The anticipatory bail application has been moved by the applicant praying for anticipatory bail in reference to First Information Report dated 28.05.2025 bearing FIR No. 0147 of 2025 P.S. Banbhulpura, District Nainital, wherein, the applicant has been implicated for the offences punishable under section 318(4) and 61(2) of BNSS, 2023, which are punishable for less than seven years. 4. Admittedly, the offence in which the FIR has been lodged is punishable for less than seven years, however, the anticipatory bail application has been moved by the applicant since there was an apprehension of arrest as no notice under section 35(3) of BNSS, 2023 was issued by the concerned I.O. while conducting the investigation, which is contrary to the guidelines formulated by the Hon’ble Apex Court in the case of Arnesh Kumar vs. State of Bihar (2014) 8 SCC 272. 5. Mr. Sharma learned A.G.A. have not disputed the fact that both the offences are punishable for less than seven years and as such the I.O. has to follow the guidelines formulated by the Hon’ble Apex Court. 6. In such view of the matter, instant anticipatory bail application is disposed of finally with the direction to the I.O. concerned to follow the guidelines formulated by the Hon’ble Apex Court in the case of Arnesh Kumar vs. State of Bihar (2014) 8 SCC 272 while conducting the investigation. (Rakesh Thapliyal, J.) 09.03.2026 Nahid 2026:UHC:1529