R/CR.MA/187/2025 ORDER DATED: 24/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 187 of 2025 ========================================================== ABHISHEK SURESHKUMAR NANDVANI Versus STATE OF GUJARAT ========================================================== Appearance: MR DARSHANKUMAR P VEGAD(11612) for the Applicant(s) No. 1 MR GAJENDRA P BAGHEL(2968) for the Respondent(s) No. 1 MR PRANAV DHAGAT APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 24/04/2025 ORAL ORDER 1. By way of the present application under Section 482 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”), the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No. 11210050241463/2024 registered with registered with Rander Police Station, Surat for the offence punishable under Sections 316(2), 318(4) and 54 of the BNS. 2. RULE. Learned APP waives service of notice of Rule on behalf of the respondent – State. 3. Heard learned advocates appearing for the respective parties. 4. Upon instructions, learned advocate appearing for the applicant submits that the applicant is ready and willing to join the investigation on 28.04.2025 in view of the offence alleged are punishable with maximum imprisonment upto seven years. Page 1 of 2 R/CR.MA/187/2025 ORDER DATED: 24/04/2025 5. The applicant seeks to join the investigation, as the alleged offenses are punishable with a maximum imprisonment of up to 7 years. Therefore, the Investigating OfÏcer must scrupulously follow the principles laid down by the Hon'ble Supreme Court in the following cases: Arnesh Kumar v. State of Bihar reported in (2014) 8 SCC 273, Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022) 10 SCC 51, and Md. Asfak Alam v. State of Jharkhand and Another reported in 2023 SCC OnLine SC 892. Additionally, the Investigating OfÏcer must adhere to the mandate of Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). 6. In view of the above, applicant is directed to join the investigation and the police authority is directed to follow the directions given by the Hon’ble Apex Court in the above cited cases decisions well as the mandate of Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) before making a mechanical arrest of the applicant/s. Further, if he produced before the learned Magistrate, the learned Magistrate concerned is also directed to verify the reason and then pass appropriate order prior to authorize the detention of the applicant/s. 7. With the aforesaid directions, present application stands disposed of. Rule is hereby discharged. Direct service is permitted. This Court has not gone into the merits of the case. (HASMUKH D. SUTHAR,J) sompura Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MANISHKUMAR JYOTINDRA SOMPURA(HC00189), Principal Pvt. Secretary, at High Court of Gujarat on 24/04/2025 17:35:07