R/CR.MA/9642/2025 ORDER DATED: 09/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 9642 of 2025 ========================================================== DHAVALBHAI JAGDISHBHAI UPADHYAY Versus STATE OF GUJARAT ========================================================== Appearance: JATIN V YADAV(8946) for the Applicant(s) No. 1 MR SURAJ B MATIEDA(10499) 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 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.11197005250280 of 2024 registered with Vadodara Taluka Police Station, Vadodara for the offences punishable under Sections 316(2) and 318(3) 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. R/CR.MA/9642/2025 ORDER DATED: 09/05/2025 4. Upon instruction, learned advocate has submitted that applicant is ready and willing to join the investigation on 16.05.2025 in view of the offence alleged are punishable with maximum imprisonment upto seven years. 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 Officer 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 Officer must adhere to the mandate of Sections 35 and 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). 6. In view of the above, applicant is directed to join the investigation on 16.05.2025 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 Sections 35 and 47 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. R/CR.MA/9642/2025 ORDER DATED: 09/05/2025 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) KUMAR ALOK Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 09/05/2025 15:12:38