High Court of Gujarat

DEEPAK PRAN SHARMA(DEEPAK SHARMA)versusSTATE OF GUJARAT

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

Holding

The court disposed of the anticipatory bail application by imposing conditions of cooperation and a seven‑day notice before any arrest, without granting unconditional bail.

Summary

The High Court of Gujarat entertained an anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Deepak Sharma, who was implicated in an FIR for offences under IPC sections 318(4) and 54. The applicant expressed willingness to cooperate with the investigation and to appear before the investigating officer. The Court did not grant unconditional bail but directed the applicant to be present before the investigating officer on 06‑04‑2026 and to cooperate fully. It further ordered that any arrest of the applicant must be preceded by a seven‑day prior notice. The Court also instructed the investigating officer to strictly follow the Supreme Court guidelines laid down in Arnesh Kumar, Satender Kumar Antil, and Md. Asfak Alam cases. Consequently, the anticipatory bail application was disposed of with these conditions.

Issues considered

Whether anticipatory bail should be granted under Section 482 of the BNSS, 2023 for offences punishable up to seven years
Whether the court can impose conditions such as cooperation with investigation and prior notice before arrest
Compliance with Supreme Court pronouncements on lawful arrest procedures

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023s. 482
Indian Penal Code, 1860s. 318(4), s. 54

Subjects

anticipatory bailSection 482BNSS 2023IPC offencesArrest procedureSupreme Court guidelinesCooperation with investigation

Judgment

     R/CR.MA/7191/2026                           ORDER DATED: 27/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 7191
                          of 2026

==========================================================
                 DEEPAK PRAN SHARMAV(DEEPAK SHARMA)
                                Versus
                          STATE OF GUJARAT
==========================================================
Appearance:
MR BC DAVE(245) for the Applicant(s) No. 1
HARDIK S. SONI APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                           Date : 27/03/2026

                            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.
11210050260273 of 2026 registered with Rander Police
Station, District: Surat, for the o3ences punishable under
Sections318(4) and 54 of the IPC.


2.     At the outset, the learned advocate for the applicant
would submit that the o3ences 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 o7cer as per direction of this
Court.


3.     Considering the above, the applicant is hereby directed


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            R/CR.MA/7191/2026                                                                     ORDER DATED: 27/03/2026




    to remain present before the Investigating O7cer concerned
    on 06.04.2026 and co-operate with the investigation and if at
    all the Investigating O7cer deems it 9t to arrest the applicant,
    a 7 days’ prior notice shall be given to him.                                                                Further, the
    Investigating O7cer 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)
    MMP



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHENDRA MOHANBHAI PUROHIT(HCD0074), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 27/03/2026
17:40:43




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