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2026 DAILYLAW 4069 (UTT)

RAJAT RATHI v. STATE OF UTTARAKHAND

ABA/19/2026 · 2026-01-15

Ashish Naithani

body2026

Judgment text

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SL. No. Dat e Of f ice Not es, r epor t s, or ders or pr oceedin gs or dir ect ion s an d Regist r ar’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS 2026:UHC:550 ABA No.19 of 2026 Hon ’ble Ash ish Nait h an i, J. Mr. Nishant Krishna Adhikari, learned counsel for the Applicant. 2. Mr. B.C. Joshi, learned AGA, for the State of Uttarakhand. 3. Applicant seeks anticipatory bail in FIR No.117 of 2025, dated 13.08.2025, under Sections 115 (2), 118 and 352 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Dalanwala, District Dehradun. 4. As far as the offences under Sections 115 (2), 118 and 352 of the Bharatiya Nyaya Sanhita, 2023, is concerned, it carry a sentence of less than seven years, and it will be covered by the ratio laid down by the Hon’ble Apex Court in the matters of “Arnesh Kumar vs. State Of Bihar” reported in 2014 (8) SCC 273, where the Applicant is required to surrender before the court and seek his bail. However, the said benefit of “Arnesh Kumar vs. State of Bihar”, would be extended to the Applicant, subject to the condition that he cooperates with the investigation and render full support to the Respondent. 5. In view of the aforesaid, this writ petition is being disposed of under the guidelines framed under the judgment of “Arnesh Kumar vs State of Bihar”. However, if there is any dereliction on part of the Applicant for not cooperating in the investigation, the benefit as granted by this order would automatically seize to have its effect. ( Ash ish Nait h an i, J.) Vacat ion Ju dge 1 5 .01 .20 26 Nitesh/