Uttarakhand High Court

WPCRL/1787/2025 of MOHD. HASEEN ALIAS HASEEN RANA Vs STATE OF UTTARAKHAND on 31 December 2025

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e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2025:UHC:11667 WPCRL No.1787 of 2025 Hon’ble Ashish Naithani, J. Mr. Rajat Mittal, learned counsel for the Petitioner through VC. 2. Mr. K.S. Bora,

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SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS

2025:UHC:11667

WPCRL No.1787 of 2025 Hon’ble Ashish Naithani, J.

Mr. Rajat Mittal, learned counsel for the Petitioner through VC.

2. Mr. K.S. Bora, learned DAG, for the State of Uttarakhand/1 & 2.

3. The present Petitioner has put a challenge to the FIR No.0409 of 2025, dated 23.12.2025, which was registered at Police Station Raipur, District Dehradun for his alleged involvement in commission of the offences under Sections 316 (2), 318 (4) and 61 (2) of Bhartiya Nyaya Sanhita, 2023.

4. As far as the offences under Section 316 (2), 318 (4) and 61 (2) of Bhartiya Nyaya Sanhita, 2023, are 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 Petitioner, subject to the condition that he cooperates with the investigation and render full support to the Respondent No.2.

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 Petitioner for not cooperating in the investigation, the benefit as granted by this order would automatically seize to have its effect.

(Ashish Naithani, J.) 31.12.2025 Nitesh/

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