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2025 DAILYLAW 7150 (GUJ)

NISHA RAKESH KUMAR AGRAWAL D/O CHHOTELAL v. STATE OF GUJARAT

CR.MA/23406/2025 · 2025-11-14

Utkarsh Thakorbhai Desai

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Judgment text

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 23368 of 2025 With R/CRIMINAL MISC.APPLICATION NO. 23406 of 2025 With R/CRIMINAL MISC.APPLICATION NO. 23514 of 2025 ========================================================== NISHA RAKESH KUMAR AGRAWAL D/O CHHOTELAL Versus STATE OF GUJARAT ========================================================== Appearance: MR.VISHAL J DAVE(6515) for the Applicant(s) No. 1 MR.SOAHAM JOSHI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI Date : 14/11/2025 COMMON ORAL ORDER Learned advocate for the applicant, under instructions, states that the applicant is ready and willing to join the investigation and will appear before the investigating oicer on 21.11.2025 so far as FIR being I- C.R.No.31 of 2017 registered with Kalol Police Station, District:Gandhinagar. So far as FIR being I-C.R.No.09 of 2017 registered with Bhiladi Police Station, District:Banaskantha, is concerned, the applicant will appear before the investigating oicer on 24.11.2025 and so far as FIR being I-C.R.No.18 of 2017 registered with Visnagar City Police Station, District:Mehsana, is p. 2 concerned, the applicant will appear before the investigating oicer on 26.11.2025. Having considered the submissions and the documents produced on record and considering the fact that the two main accused had already been arrested and thereafter released on regular bail, whereas, the role of the applicant that being Secretary of the Firm, and her name not being shown in the present FIR along with the three other FIRs, it deems 7t to this Court to direct the Investigating Oicer to scrupulously follow the proposition of law as settled by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273, in case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr., reported in (2022) 10 SCC 51 and in case of Md. Asfak Alam Vs. State of Jharkhand & Anr., reported in 2023 SCC OnLine SC 892 and also inform about the grounds of arrest, if needed, to learned Magistrate and even the learned Magistrate before mechanically authorizing the detention of the applicant shall follow the p. 3 dictum of the Hon'ble Supreme Court in the aforesaid decisions. In case, the Investigating Oicer needs to arrest the applicant, notice of 7 days shall be given to the applicant prior to such arrest. In view of the above, the present application stands disposed of. Direct service is permitted. (UTKARSH THAKORBHAI DESAI, J) ANKIT SHAH