R/CR.A/790/2025 ORDER DATED: 05/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (FOR ANTICIPATORY BAIL) NO. 790 of 2025 ========================================================== IDNABEN @ IDNADBEN RAJUSHA KARIMSHA FAKIR Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR KEVAL G BRAHMBHATT (BAROT)(9900) for the Appellant(s) No. 1 NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2 MR PRANAV DHAGAT, APP for the Opponent(s)/Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 05/05/2025 ORAL ORDER Admit. Heard learned advocate for the appellant and learned APP for respondent No.1 – State of Gujarat. Present appeal is filed seeking anticipatory bail however, considering the provisions of sections 14-A and 18 of the Atrocity Act and the allegations leveled in the complaint, no case is made out to grant anticipatory bail however, since the appellant is a lady and offence is punishable with imprisonment upto 7 years, in the event of her arrest / appearance, concerned Investigating OfÏcer shall scrupulously follow the provision of sections 35, 47 and 50 of the Bharatiya Nagarik Suraksha Sanhita, 2023 alongwith the proposition of law as settled by the Hon’ble Supreme Court in the case of 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 vs. State of Jharkhand and Another reported in 2023 SCC OnLine SC 892 and even the learned Magistrate R/CR.A/790/2025 ORDER DATED: 05/05/2025 before mechanically authorizing the detention of appellant shall follow the dictum of Hon’ble Supreme Court in the aforesaid decisions. With aforesaid direction, present appeal is disposed of. Direct service is permitted. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/05/2025 14:26:38