High Court of Gujarat
URESHKUMAR DESAIversusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- P M RAVAL
Holding
The Court declined to grant anticipatory bail but ordered that, should a complaint be registered, a seven‑day notice must be issued to the applicants before any arrest.
Summary
The petitioners, Ureshkumar Desai and others, filed an anticipatory bail application under Section 438 of the Code of Criminal Procedure, 1973, fearing arrest in connection with LA Application No. 44 of 2026 filed at Saroli Police Station, although no FIR had yet been lodged. The Additional Public Prosecutor opposed the application, contending that anticipatory bail cannot be sought when no FIR exists. The Court noted the absence of an FIR but, to safeguard the petitioners’ rights, directed that if any complaint is subsequently registered, the investigating agency must issue a seven‑day notice to the petitioners before proceeding. No anticipatory bail was granted; instead, the application was disposed with the direction for notice. The rule was discharged and direct service was permitted.
Issues considered
- Can anticipatory bail under Section 438 CrPC be granted when no FIR has been filed?
- Whether the court can direct a notice period before arrest in anticipation of a future complaint?
Legislation cited
- Criminal Procedure Code — s. 438
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- FIR not filed
- pre‑emptive arrest
- notice period
Judgment
R/CR.MA/8403/2026 ORDER DATED: 09/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY
BAIL) NO. 8403 of 2026
================================================
URESHKUMAR DESAI & ORS.
Versus
STATE OF GUJARAT
================================================
Appearance:
MS VIDHI J BHATT(6155) for the Applicant(s) No. 1,2,3,4,5,6,7
MS MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 09/04/2026
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives service.
2. By way of the present application under Section 438 of the
Code of Criminal Procedure, 1973, the applicants have prayed to
release them on anticipatory bail in the event of their arrest in
connection with LA Application No. 44 of 2026 filed before Saroli
Police Station, Surat City, though the FIR is yet to be filed.
3. Learned Additional Public Prosecutor appearing on behalf of
the respondent – State has opposed grant of anticipatory bail and
submitted that there is no cause to file this application since no FIR
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R/CR.MA/8403/2026 ORDER DATED: 09/04/2026
is yet filed.
4. Considering the aforementioned fact that the FIR has not yet
been filed but the applicants apprehend their arrest, it is directed
that, in the event of registration of any complaint pursuant to
above application, then the Investigation Agency concerned shall
issue a seven day notice, if the present applicants are required in
connection with an offence, if any registered.
5. With the above direction, the application stands disposed of.
Rule is discharged. Direct Service is permitted.
[ P. M. Raval, J. ]
hiren/SB/1/5tss9426
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/04/2026 16:28:38
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