High Court of Gujarat
MANDAVIYA BHAVESHBHAI PRAKASHBHAIversusSTATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- SANJEEV THAKER
Holding
The Court granted permission to withdraw the anticipatory bail application.
Summary
The applicant, Mandaviya Bhaveshbhai Prakashbhai, filed an anticipatory bail application. The investigating agency assured compliance with Section 34 of the Bharatiya Nyay Sanhita and the Supreme Court’s direction in Arnesh Kumar v. State of Bihar. Relying on this assurance, the applicant sought to withdraw the application. The Court, after noting the assurance, granted permission to withdraw. Consequently, the anticipatory bail application was disposed of as withdrawn.
Issues considered
- Whether the Court may permit withdrawal of an anticipatory bail application upon the applicant's request after receiving assurance of compliance with statutory provisions
Legislation cited
- Bharatiya Nyay Sanhita — s. 34
Subjects
- anticipatory bail
- withdrawal of application
- Section 34
- Arnesh Kumar direction
- criminal procedure
Judgment
R/CR.MA/15520/2026 ORDER DATED: 09/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 15520
of 2026
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MANDAVIYA BHAVESHBHAI PRAKASHBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR MALAVSINGH N CHAUHAN(10279) for the Applicant(s) No. 1
MS BHAVINI N CHAUHAN(10271) for the Applicant(s) No. 1
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 09/07/2026
ORAL ORDER
In view of the fair statement made by learned
APP to the effect that the investigating agency shall strictly
follow the provisions of Section 34 of the Bharatiya Nyay
Sanhita and the direction issued by the Hon’ble Apex Court
in the case of Arnesh Kumar v. State of Bihar, reported in
(2014) 8 SCC 273 would be followed in true letter and spirit,
as now nothing survives in the matter, learned advocate for
the applicant seeks permission to withdraw this application.
Permission as prayed for is granted. This application is
disposed of as withdrawn.
(SANJEEV J.THAKER,J)
SRILATHA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/07/2026 15:29:12
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