High Court of Gujarat
KISHORBHAI DHIRUBHAI GHODADARAversusSTATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- SANJEEV THAKER
Holding
The court granted permission to withdraw the anticipatory bail application and disposed of it as withdrawn.
Summary
Kishorbhai Dhirubhai Ghodadara filed an anticipatory bail application before the Gujarat High Court. The applicant's counsel sought permission to withdraw the application after the investigating agency assured compliance with Section 34 of the Bharatiya Nyay Sanhita and the Supreme Court's directives in Arnesh Kumar v. State of Bihar. The learned counsel for the State opposed the withdrawal. Justice Sanjeev J. Thaker considered whether the court could permit the withdrawal of an anticipatory bail petition under the given circumstances. Finding no impediment, the court granted the request to withdraw. The application was consequently disposed of as withdrawn.
Issues considered
- Whether an anticipatory bail application may be withdrawn upon the applicant's request after assurances of compliance with statutory provisions
- Whether the court must ensure adherence to Section 34 of the Bharatiya Nyay Sanhita and the Arnesh Kumar guidelines before permitting withdrawal
Legislation cited
- Bharatiya Nyay Sanhita — s. 34
Subjects
- anticipatory bail
- withdrawal of application
- Section 34
- Arnesh Kumar guidelines
- criminal procedure
Judgment
R/CR.MA/15524/2026 ORDER DATED: 09/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 15524
of 2026
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KISHORBHAI DHIRUBHAI GHODADARA
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 15:28:37
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