2026:UHC:2787 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. 130 of 2026 Hon’ble Rakesh Thapliyal, J. 1. Mrs. Shruti Joshi, learned counsel for the applicant. 2. Mr. Bhaskar Chandra Joshi, learned A.G.A. with Mr. Vijay Khanduri, learned Brief Holder for the State. 3. The instant anticipatory bail application has been moved by the applicant ‘Ajay Bisht’ on an apprehension of arrest in an ongoing investigation pursuant to the order of Chief Judicial Magistrate, Haldwani, District Nainital in Complaint Case No. 1425 of 2025 dated 19.02.2026 under section 225 of BNSS, 2023. The apprehension of the applicant is completely misconceived in view of section 225(3) of BNSS, 2023, which read as under: “(3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Sanhita on an officer in charge of a police station except the power to arrest without warrant.” The aforesaid provision clearly stipulates the officer concerned while conducting investigation under section 225(1) of BNSS, 2023 has no power to arrest without warrant, therefore, in terms of the aforesaid provision there is no question of any apprehension during ongoing investigation pursuant to an order of Magistrate under section 225 of BNSS, 2023. 4. This is not the case of the applicant that any arrest warrant have been issued and the case of the applicant is that the Magistrate concerned by invoking power conferred by Section 225 of BNSS, 2023 ordered for investigation and therefore, there is an apprehension of arrest. 5. Thus, the apprehension of arrest is completely misconceived at this stage. 6. Hence, the instant anticipatory bail application is dismissed being devoid of merit at this stage. (Rakesh Thapliyal, J.) 18.04.2026 PR 2026:UHC:2787