High Court of Gujarat

RATHOD MEHULKUMAR VIJAYSINHversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: P M RAVAL

Holding

The Court disposed the anticipatory bail application by imposing conditions of cooperation and prior notice, without granting unconditional bail.

Summary

The applicant, Rathod Mehul Kumar Vijay Singh, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in connection with FIR C.R. No. 11199006260087/2026 alleging offences under Sections 316(2) and 3(5) of the same Act. He submitted that the maximum punishment for the alleged offences is seven years and expressed willingness to cooperate with the investigation. The Court examined whether anticipatory bail could be granted and considered the need to impose conditions to safeguard the investigation. Relying on Supreme Court precedents (Arnesh Kumar, Satender Kumar Antil, Md. Asfak Alam) regarding arrest procedures, the Court directed the applicant to appear before the investigating officer on 27‑04‑2026 and to be given seven days’ notice before any arrest. The application was disposed with these directions, without granting unconditional anticipatory bail.

Issues considered

Whether anticipatory bail should be granted under Section 482 of the BNSS, 2023 in the present case
Whether the Court can impose conditions such as cooperation with investigation and prior notice before arrest

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023s. 316(2), s. 3(5), s. 482

Subjects

anticipatory bailSection 482BNSSarrest procedureinvestigation cooperationSupreme Court guidelinescriminal procedure

Judgment

     R/CR.MA/8959/2026                              ORDER DATED: 20/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 8959
                          of 2026

==========================================================
                         RATHOD MEHULKUMAR VIJAYSINH
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
MR SURAJ B MATIEDA(10499) for the Applicant(s) No. 1
KRUTIK A PARIKH, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                Date : 20/04/2026

                                 ORAL ORDER


1.     Draft amendment allowed. Amendment to be carried out
forthwith.

2.     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.
11199006260087/2026                registered with Ankleshwar Rural
Police Station, District: Bharuch, for the offences punishable
under Sections 316(2) & 3(5) of the BNS, 2023.


3.     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



                                    Page 1 of 2
               R/CR.MA/8959/2026                                                      ORDER DATED: 20/04/2026




         appear before the investigating officer as per direction of this
         Court.


         4.       Considering the above, the applicant is hereby directed
         to remain present before the Investigating Officer concerned
         on 27.04.2026 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.


         5.       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 20/04/2026 17:49:00




                                                          Page 2 of 2

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "anticipatory bail"Sign in to search