R/CR.MA/9522/2025 ORDER DATED: 08/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 9522 of 2025 ========================================================== HAIDERALI @ BOXER ASGARALI SAIYED Versus STATE OF GUJARAT ========================================================== Appearance: MR ANIK EJAZ SHAIKH(10873) for the Applicant(s) No. 1 MS. IRINA EJAZ SHAIKH(17864) for the Applicant(s) No. 1 MR PRANAV DHAGAT, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 08/05/2025 ORAL ORDER When this Court posed a query as regards compliance of Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), learned APP has submitted that though notice is served, the applicant has not joined investigation. Learned counsel for the applicant, upon instructions, states that prior to registration of complaint, the applicant has joined investigation. However, the applicant is ready and willing to join further investigation on 12.05.2025. The offences alleged are punishable with maximum imprisonment upto 7 years and if the applicant so appears, the Investigating Officer is directed to scrupulously follow 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 also inform about the ground of arrest, if needed, to learned Magistrate and even the learned Magistrate before mechanically authorizing the detention of applicant shall follow the dictum of Hon’ble Supreme Court in the aforesaid decisions. Report submitted by ld. APP is R/CR.MA/9522/2025 ORDER DATED: 08/05/2025 taken on record. In view of the above, application stands disposed of. Direct service is permitted. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 08/05/2025 14:35:18