2026:UHC:835 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SABA No. 5 of 2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. Neeraj Singh Kaira, learned counsel for the applicant. 2. Mr. Tumul Nainwal, learned A.G.A. for the State. 3. The instant second anticipatory bail application has been moved by the applicants Mohd. Idrish, Hamida Khatun (wife of Mohd. Idrish) and Mohd. Shadab (son of Mohd. Idrish) praying for anticipatory bail in reference to First Information Report dated 28.12.2025 bearing FIR No. 0337 of 2025 P.S. Gadarpur, District Udham Singh Nagar, wherein, the applicants have been implicated for the offences punishable under Sections 308(4), 316(2), 318(4) and 351(2) of BNS, 2023. 4. It is argued by learned counsel for the applicant that earlier a writ petition was preferred under Article 226 of the Constitution of India for quashing of the aforesaid first information report and the same was disposed of finally by the Vacation Judge on 23.01.2026 with the direction to the Station House Officer P.S. Gadarpur of district Udham Singh Nagar to follow the guidelines formulated by the Hon’ble Apex Court in the case of Arnesh Kumar vs. State of Bihar and Another reported in 2014 (8) SCC 273 while conducting the investigation. It is submitted by the learned counsel that though the Vacation Judge by its order directed to the Investigating Officer to follow the guidelines formulated by the Hon’ble Apex Court but the concerned I.O. issued a notice under Section 107 of BNS, 2023 asking details of the assets. 5. He also pointed out that the applicant also filed an Anticipatory Bail Application No. 38 of 2026 before the Vacation Judge and the same was also dismissed as withdrawn on 23.01.2026. 6. On the previous date the State was directed to get instructions in the matter and today Mr. Tumul Nainwal, learned A.G.A. on instructions 2026:UHC:835 apprise to this court that despite notice under Section 35(3) of BNSS, 2023 the applicants never turned up to participate in the investigation though in one of the occasion they turned up but the concerned I.O. was busy in different investigations, consequently, due to non participation of the applicants with the investigation notice under Section 107 of BNSS, 2023 was issued. 7. In response to the instructions as received by the learned A.G.A., learned counsel for the applicant submits that all these applicants are ready to cooperate with the investigation but in the meantime notice issued under Section 107 may not be given effect to. 8. On such submission, Mr. Tumul Nainwal, learned A.G.A. submits that notice under section 107 of BNSS, 2023 is nothing but part of the investigation, however, if all the applicants are ready to cooperate with the investigation then no coercive action shall be taken against the applicants. 9. In view of the submissions as advanced by the learned counsel for the parties and taking into consideration that all the applicants are ready to cooperate with the investigation the instant second anticipatory bail application is disposed of finally by directing all the applicants to appear before the Investigating Officer on 16.02.2026 and give full cooperation as and when it requires, however, while conducting the investigation the concerned I.O. shall comply the order passed by the Vacation Judge dated 23.01.2026 passed in WPCRL No. 203 of 2026. (Rakesh Thapliyal, J.) 12.02.2026 PR 2026:UHC:835