R/CR.MA/9566/2025 ORDER DATED: 09/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 9566 of 2025 ========================================================== BHAVNABEN GAJANAND BHATT Versus STATE OF GUJARAT ========================================================== Appearance: MR RAFIK LOKHANDWALA(5590) for the Applicant(s) No. 1 MR HK PATEL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 09/05/2025 ORAL ORDER RULE. Learned APP waives service of notice of Rule for respondent. At the outset, learned APP upon instructions submits that though notice section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) is duly served, the applicant has not joined the investigation. Upon instructions, learned advocate for the applicant states that applicant is ready and willing to join the investigation. 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 as well as the provision of sections 47 and 50 of the BNSS 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. With aforesaid direction, present application is disposed of. Rule is hereby discharged. (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 09/05/2025 14:23:45