R/CR.MA/20517/2025 ORDER DATED: 09/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 20517 of 2025 ========================================================== SHILESHKUMAR KANAIYALAL MEHTA Versus STATE OF GUJARAT ========================================================== Appearance: DEVANSHI P MALKAN(9307) for the Applicant(s) No. 1 MR YASH K DAVE(10269) for the Applicant(s) No. 1 MR HARDIK SONI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 09/10/2025 ORAL ORDER Registry to correct the name of the applicant as per the memo of the petition. When this Court has posed a query as regards compliance of Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short), learned APP has submitted that if the applicant will join the investigation, the investigating officer will scrupulously follow the guidelines issued by the Hon'ble Apex Court in various decisions. Learned advocate for the applicant, under the instructions, states that the applicant is ready and willing to join the investigation on 13.10.2025. R/CR.MA/20517/2025 ORDER DATED: 09/10/2025 Having considered the submissions and the documents produced on record, 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 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 dictum of the Hon’ble Supreme Court in the aforesaid decisions. In view of the above, the present application stands disposed of. Direct service is permitted. (DIVYESH A. JOSHI,J) LAVKUMAR J JANI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: LAVKUMAR JAYANTBHAI JANI(HC00210), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/10/2025 14:11:30