KARTIK JETLY ALIAS KARTIK BAJRANGI vs STATE OF UTTARAKHAND
- Court
- Uttarakhand High Court
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Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
SL.
Date
No.
COURT’S OR JUDGE’S ORDERS
ABA/359/2026
Kartik Jetly Alias Kartik Bajrangi
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon'ble Alok Mahra, J.
Mr. D.C.S. Rawat along with Mr.
Bharat Chaudhary, learned counsel for
the applicant.
2. Ms. Pushpa Bhatt, learned Addl.
Advocate General along with Mr. S.C.
Dumka, learned A.G.A. and Mr. Nikhil
Bisht, learned Brief Holder for the State.
3. Mr. Yogesh Pacholia and Mr. Xitij
Kaushik (through Video Conferencing),
learned counsel for the complainant.
4. By means of the present
application, the applicant seeks
anticipatory bail in connection with
F.I.R./Case Crime No. 0234 of 2026,
dated 29.06.2026, registered at Police
Station Kotwali Dehradun, District
Dehradun, under Sections 115(2),
191(2), 351(3), 352 and 109 of the
B.N.S..
5. Learned counsel for the applicant
would submit that, according to the
prosecution version, when the
complainant went to the restaurant, the
applicant, along with some other
unidentified persons, was allegedly
under the influence of liquor and was
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abusing loudly. It is further alleged that
they attacked the complainant without
any provocation and slapped, kicked and
punched him and also assaulted him on
his head with an iron rod.
6. Learned counsel for the applicant
would submit that the applicant is
innocent and has falsely been implicated
in the present case; that, no specific role
has been attributed to the applicant in
the alleged incident; that, from the CCTV
footage installed at the place of
occurrence, it is evident that the
applicant was not carrying any stick,
sword or other weapon at the relevant
time.
7. Learned counsel for the applicant
would further submit that the
investigation has already been conducted
by two Investigating Officers, but neither
of them found any material warranting
invocation of Section 109 of the B.N.S.
against the applicant. It is contended
that only after the third Investigating
Officer took over the investigation,
Section 109 of the B.N.S. was added,
without there being any fresh or
substantive material against the
applicant. He would further submit that
the allegation under Section 109 of the
B.N.S. is not supported by the medical
evidence, as, according to the medical
report of the injured, all the injuries
sustained by him have been opined to be
simple in nature, therefore, the applicant
is entitled to protection from arrest.
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8. Per contra, learned State counsel
would vehemently oppose the
submissions advanced on behalf of the
applicant and on instructions, he would
submit that the applicant has not been
cooperating with the investigation; that a
non-bailable warrant has already been
issued against him; and that proceedings
under Section 84 of the B.N.S.S. have
also been initiated against him,
therefore, the applicant is not entitled to
any protection from arrest.
9. At this stage, learned counsel for
the applicant would submit that the
applicant is ready and willing to
surrender before the court concerned
and seek appropriate relief in accordance
with law. However, he prays that a
reasonable period may be granted to the
applicant to surrender and, till then, he
may be protected from arrest.
10. Learned State counsel has no
objection to the prayer so made.
11. Heard learned counsel for the
parties and perused the material
available on record.
12. Considering the facts and
circumstances of the case, the
submissions advanced by learned
counsel for the parties and, particularly,
the statement made on behalf of the
applicant that he is ready and willing to
surrender before the court concerned
and seek appropriate relief in accordance
with law, the applicant is permitted to
surrender before the court concerned
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within ten days from today and seek
appropriate relief in accordance with law.
13. Till the expiry of the aforesaid
period of ten days, the applicant shall
not be arrested in connection with
F.I.R./Case Crime No. 0234 of 2026,
dated 29.06.2026, registered at Police
Station Kotwali Dehradun, District
Dehradun, provided that the applicant
appears/surrenders before the court
concerned within the aforesaid period.
14. It is made clear that, in the event
the applicant fails to appear/surrender
before the court concerned within the
aforesaid period of ten days, the
protection granted by this Court shall
automatically stand withdrawn and the
non-bailable warrant as well as the
proceedings initiated under Section 84 of
the B.N.S.S. shall remain operative in
accordance with law.
15. Accordingly, the anticipatory bail
application stands disposed of.
16. Pending application(s), if any, also
stand disposed of.
(Alok Mahra, J.)
10-09-2026
mamta