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UKHC010129922026
2026:UHC:7215 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
ABA/308/2026 Vishal Kumar --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Alok Mahra, J.
Mr. Vikas Anand, learned counsel for the applicant.
Mr. Akshay Latwal, learned A.G.A. for the State of Uttarakhand.
2. The present Anticipatory Bail Application has been filed by the applicant apprehending his arrest in connection with Case Crime/F.I.R. No. 592 of 2025, under Sections 103(1), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, registered at Police Station Rudrapur, District Udham Singh Nagar.
3. After arguing the matter for some time, learned State Counsel submitted that the applicant has already preferred Criminal Writ Petition No. 937 of 2026 seeking quashing of the impugned F.I.R. It is further submitted, on the basis of instructions received from the Investigating Agency that the applicant has not cooperated with the investigation. Consequently, a Non- Bailable Warrant was issued against him and thereafter proceedings under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 were also initiated.
4. Today, learned State Counsel, on the basis of written instructions, further submitted that subsequent to the proceedings under Section 84 B.N.S.S., notices under Section 85 B.N.S.S. were also issued against the applicant on
UKHC010129922026
2026:UHC:7215
27.03.2026. It has also been brought to the notice of this Court that a Co- ordinate Bench of this Court, while dealing with the aforesaid Criminal Writ Petition, has recorded that the applicant is absconding and has never cooperated with the investigation.
5. Considering the aforesaid facts and circumstances of the case, particularly the conduct of the applicant in not cooperating with the investigation and the initiation of proceedings under Sections 84 and 85 B.N.S.S., this Court is not inclined to exercise its discretionary jurisdiction in favour of the applicant.
6. Accordingly, the present Anticipatory Bail Application is dismissed.
(Alok Mahra, J.) 13-08-2026 SB