2026:UHC:1496 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. 783 of 2025, ABA No. 592 of 2025, ABA No. 639 of 2025, ABA No. 641 of 2025, ABA No. 674 of 2025, ABA No. 707 of 2025, ABA No. 802 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Shubham Pandey, learned counsel for the applicant. 2. Mr. Saurabh Kumar Pandey and Mr. Mohd. Faiz Ali, learned counsel for the applicant in the connected applications. 3. Mr. Sandeep Sharma, learned A.G.A. with Mrs. Rangoli Purohit, learned Brief Holder for the State. 4. All these anticipatory bail application have been moved by the applicants 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, each of the applicants have been implicated for the offences punishable under section 318(4) and 61(2) of BNSS, 2023, which are punishable for less than seven years. 5. Admittedly, the offence in which the FIR has been lodged is punishable for less than seven years, however, these anticipatory bail applications have been moved by the applicants since there was an apprehension of arrest as no notice under section 35(3) of BNSS, 2023 has been 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. 6. Mr. Sharma have not disputed this 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. 7. In such view of the matter, all these anticipatory bail applications are 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. 8. Copy of order be placed on each of the file. (Rakesh Thapliyal, J.) 09.03.2026 PR 2026:UHC:1496