High Court of Gujarat

DARSHAN SURESHBHAI JOISARversusSTATE OF GUJARAT

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

Holding

The court declined to grant anticipatory bail and disposed of the application subject to the applicant’s cooperation with the investigation and a requirement of seven‑day notice before any arrest.

Summary

Darshan Sureshbhai Joisar applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with an FIR alleging offences under Sections 316(2), 318(4) and 54 of the Bharatiya Nyaya Sanhita, 2023. The applicant argued that the maximum punishment for the alleged offences is seven years and expressed willingness to cooperate with the investigation. The Court directed the applicant to appear before the investigating officer on 14‑05‑2026 and, if arrest is contemplated, to give a seven‑day prior notice. The Court also instructed the investigating officer to follow the Supreme Court guidelines laid down in Arnesh Kumar, Satender Kumar Antil and Md. Asfak Alam cases. No anticipatory bail was granted; the application was disposed with the above conditions.

Issues considered

Whether anticipatory bail should be granted to the applicant under Section 482 of the BNSS, 2023.
Whether the investigating officer must provide a seven‑day notice before arrest in accordance with Supreme Court precedent.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023s. 482
Bharatiya Nyaya Sanhita, 2023s. 316(2), s. 318(4), s. 54

Subjects

anticipatory bailSection 482investigation cooperationarrest noticeSupreme Court precedentcriminal procedure

Judgment

      R/CR.MA/10988/2026                         ORDER DATED: 07/05/2026




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


     R/CRIMINAL MISC. APPLICATION (FOR ANTICIPATORY
                  BAIL) NO. 10988 of 2026

================================================
            DARSHAN SURESHBHAI JOISAR
                          Versus
                 STATE OF GUJARAT
================================================
Appearance:
MR VIRAL V DAVE(3846) for the Applicant(s) No. 1
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                           Date : 07/05/2026

                            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. 11824001260529 of 2026
registered with Vyara Police Station, District: Tapi, for the offences
punishable under Sections 316(2), 318(4) and 54 of the Bharatiya
Nyaya Sanhita, 2023 (BNS).


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.

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         R/CR.MA/10988/2026                                                             ORDER DATED: 07/05/2026




  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.


  3.         Considering the above, the applicant is hereby directed to
  remain present before the Investigating Officer concerned on
  14.05.2026 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. ]
  hiren/22tss7526




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 07/05/2026 17:37:28



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