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2025 DAILYLAW 8710 (GUJ)

NIHIL KAMALKUMAR SINGADIYA v. STATE OF GUJARAT

CR.MA/24231/2025 · 2025-11-20

Utkarsh Thakorbhai Desai

body2025

Judgment text

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R/CR.MA/24231/2025 ORDER DATED: 20/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 24231 of 2025 ========================================================== NIHIL KAMALKUMAR SINGADIYA Versus STATE OF GUJARAT ========================================================== Appearance: MS. ALVEERA S KACHARA(11935) for the Applicant(s) No. 1 MR.HARDIK SONI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI Date : 20/11/2025 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 24.11.2025. Learned Additional Public Prosecutor appearing on behalf of the respondent–State has opposed grant of anticipatory bail looking to the nature and gravity of the oence. Learned APP submitted that, from the investigation papers, it appears that co-accused Manish Manojkumar Aswani has been grated protection by way of order passed by the coordinate bench in Criminal Misc. Application No.21401 of 2025 dated 14.10.2025, R/CR.MA/24231/2025 ORDER DATED: 20/11/2025 whereby, he is directed to remain present before the I.O. on a speci,ed date. Considering the role of the preset applicant being akin to that of co-accused Manish Manojkumar Aswani, learned advocate Ms.Alveera Kachara submits that, the applicant is ready and willing to cooperate with the investigation. Having considered the submissions and the documents produced on record, the Investigating Oicer is directed 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 R/CR.MA/24231/2025 ORDER DATED: 20/11/2025 detention of the applicant shall follow the 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. Apart from remaining present before the I.O., the applicant shall mark his presence before the concerned police station on every Sunday between 11.00 a.m. and 2.00 p.m. till ,ling of the charge-sheet qua him. In view of the above, the present application stands disposed of. Direct service is permitted. (UTKARSH THAKORBHAI DESAI, J) ANKIT SHAH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANKIT PRADIPKUMAR SHAH(HC01063), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/11/2025 17:50:12