High Court of Gujarat

PARMAR RAJVEER VIPULBHAIversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: P M RAVAL

Holding

The Court declined to grant anticipatory bail but ordered the applicant to cooperate with the investigation and mandated a seven‑day notice before any arrest, in line with Supreme Court jurisprudence.

Summary

The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with an FIR alleging offences under Sections 110 and 54 of the same Act, which carry a maximum punishment of seven years. The applicant’s counsel argued that the alleged offences are not of a serious nature and expressed willingness to cooperate with the investigation. The Court directed the applicant to appear before the investigating officer on 9 April 2026 and, if arrest is contemplated, to give a seven‑day prior notice. The Court also instructed the investigating officer to follow Supreme Court precedents on arrest procedures, citing Arnesh Kumar, Satender Kumar Antil, and Md. Asfak Alam. With these directions, the anticipatory bail application was disposed of without granting bail.

Issues considered

Whether anticipatory bail should be granted under Section 482 of the BNSS, 2023 in the present case
Whether the investigating officer may arrest the applicant without prior notice
Compliance with Supreme Court guidelines on arrest in cases of bailable offences

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023s. 110, s. 482, s. 54

Subjects

anticipatory bailSection 482BNSSarrest procedureSupreme Court guidelinescriminal procedure

Judgment

     R/CR.MA/7491/2026                               ORDER DATED: 01/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 7491
                          of 2026

==========================================================
                         PARMAR RAJVEER VIPULBHAI
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR AMIT P SOLIYA(10780) for the Applicant(s) No. 1
ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                              Date : 01/04/2026

                               ORAL ORDER


1.     By way of the present application under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the
applicant has prayed for anticipatory bail in the event of arrest in
connection with the FIR being C.R. No. 11206045260144 of 2026
registered with Mahesana City B-Division, Police Station, District:
Mahesana, for the offences punishable under Sections 110 & 54 of
BNS, 2023.


2.     At the outset, the learned advocate for the applicant would
submit that the offences alleged in the impugned FIR are the one
in which maximum punishment prescribed for is upto 7 years.
Accordingly, on instructions, he states that the applicant is ready
and willing to join the investigation and will appear before the
investigating officer as per direction of this Court.




                                  Page 1 of 2
     R/CR.MA/7491/2026                                                      ORDER DATED: 01/04/2026




3.       Considering the above, the applicant is hereby directed to
remain present before the Investigating Officer concerned on
09.04.2026 and co-operate with the investigation and if at all the
Investigating Officer deems it fit to arrest the applicant, a 7 days’
prior notice shall be given to him.                               Further, the Investigating
Officer is directed to scrupulously follow the proposition of law as
settled by the Hon’ble Supreme Court in the cases of Arnesh
Kumar v. State of Bihar, reported in (2014) 8 SCC 273, Satender
Kumar Antil v. Central Bureau of Investigation & Anr., reported
in (2022) 10 SCC 51 and in Md. Asfak Alam v. 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.


4.       With aforesaid directions, this application stands disposed
of. Direct service is permitted.


                                                                                     (P. M. RAVAL, J)
MOHD SAIF ULLAH


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MOHD SAIF ULLAH(HC02372), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 01/04/2026 18:21:35




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