Extracted from the PDF above. The PDF is authoritative.
SL. No.
Dat e Office Not es, r epor t s, or der s or pr oceedin gs or d ir 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
ABA No. 162 of 2026 Hon'ble Rakesh Thapliyal, J.
1. Ms. Neetu Singh, learned counsel for the applicants through V.C.
2. Mr. Tumul Nainwal, learned A.G.A. for the State.
3. The instant anticipatory bail application has been moved by the applicants, namely, Narendra Kumar, Menapal, Sompal Singh, all S/o Prem Singh praying for anticipatory bail in reference to Complaint Case No. 3125 of 2023, arising out of Case Crime No. 134 of 2018, P.S. Manglaur District Haridwar.
4.
Brief facts, of the case, are that on the FIR twice the final report was submitted and against the final report protest petition was filed and protest petition was treated as complaint case and summons were issued, against which revision was filed and the revision was also dismissed and thereafter petition under Section C482 was preferred wherein notices have been issued and same is pending before this Court.
5. Now in the instant anticipatory bail application applicants are praying for anticipatory bail.
6. Admittedly, the protest petition was converted to complaint case and in complaint case unless and until the trial court issue non bailable warrants there is no question of apprehension of arrest.
7. Mr. Tumul Nainwal, learned A.G.A. for the State submits that in fact the instant anticipatory bail application is premature since no NBW has been issued so far and furthermore it is a complaint case. In support of his
arguments he placed reliance upon the recent
judgment of Hon’ble Apex Court in the case of Om Prakash Chhawnika @ Om Prakash vs. the State of Jharkhand passed in SLP (Criminal) No. 16221 of 2025 decided on 23.04.2026
8. In such view of the matter, since NBW has not been issued so far by the trial court this Court is of the view that there is no apprehension of arrest of the applicants, and, as such, the instant anticipatory bail application is premature. Accordingly, the same is dismissed. However, dismissal of the anticipatory bail application, treated to be premature, will not prejudice to the rights of the applicants to approach this Court again if such a situation arise.
(Rakesh Thapliyal, J.) 14.05.2026 Parul