Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 7092 (UTT)

VIVEK NAILWAL v. STATE OF UTTARAKHAND

ABA/215/2026 · 2026-06-17

Alok Mahra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

UKHC010102682026 2026:UHC:4924 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.215 of 2026 Hon’ble Alok Mahra, J. Mr. Anurag Bhatt and Mr. Suraj Shahi, Advocates for the applicant. Mr. S.C. Dumka, A.G.A. and Mr. Nikhil Bisht, Brief Holder for the State of Uttarakhand. 2. The applicant has preferred the present anticipatory bail application apprehending arrest in connection with a proposed complaint/F.I.R. which, according to him, may be lodged at the instance of Smt. Preeti Negi in relation to alleged offences punishable under Sections 64, 69, 351 and other allied provisions of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that Smt. Preeti Negi has been continuously threatening the applicant and, therefore, he apprehends that she may falsely implicate him in a criminal case. In support of the said apprehension, copies of certain WhatsApp chats exchanged between the applicant and Smt. Preeti Negi have been brought on record. 4. This Court has perused the material placed on record, including the WhatsApp chats relied upon by the applicant. Prima facie, no specific threat of lodging a false criminal case or causing the arrest of the applicant is discernible therefrom. Apart from the applicant's bald apprehension, no tangible material has been placed UKHC010102682026 2026:UHC:4924 before this Court to demonstrate any imminent threat of arrest. 5. It is also not disputed that, as on date, neither any complaint has been lodged nor any First Information Report has been registered against the applicant. The relief of anticipatory bail is intended to protect a person who has a reasonable and bona fide apprehension of arrest in connection with a non- bailable offence. Such apprehension must be founded on some cogent material and cannot be based on mere conjectures or speculative fears. 6. In the facts and circumstances of the present case, this Court does not find any reasonable basis to conclude that the applicant is under an imminent threat of arrest warranting exercise of jurisdiction under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 7. Accordingly, the present anticipatory bail application is dismissed as premature. (Alok Mahra, J.) 17.06.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a2 0dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109C B987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.06.17 17:11:09 +05'30'