High Court of Gujarat

S.K. SAJID ALIversusSTATE OF GUJARAT

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

Holding

The court disposed of the anticipatory bail application, directing the applicant to cooperate with the investigation and imposing a seven‑day notice before any arrest, without granting bail.

Summary

The applicant, S.K. Sajid Ali, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with an FIR (C.R. No.11210061260065/2026) alleging offences under Sections 318(4) and 54 of the same Act. He argued that the maximum punishment for the alleged offences is seven years and expressed willingness to cooperate with the investigation. The Court, while not granting bail, directed the applicant to appear before the investigating officer on 28‑04‑2026 and stipulated that a seven‑day prior notice must be given before any arrest. The Court also instructed the investigating officer to follow the Supreme Court’s guidelines on arrest as laid down in Arnesh Kumar v. State of Bihar, Satender Kumar Antil v. CBI, and Md. Asfak Alam v. State of Jharkhand. The application was consequently disposed of with these conditions. The order was signed by Justice P. M. Raval.

Issues considered

Whether anticipatory bail should be granted under Section 482 of the BNSS in the present case
Whether imposing conditions of appearance before the investigating officer and a seven‑day notice before arrest is appropriate
Whether the Supreme Court precedents on arrest procedures are applicable to the present anticipatory bail application

Legislation cited

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

Subjects

anticipatory bailSection 482BNSSarrest guidelinescooperation with investigationnotice before arrest

Judgment

     R/CR.MA/8097/2026                        ORDER DATED: 22/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 8097
                          of 2026

==========================================================
                           S.K. SAJID ALI
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR JAYDEVSINH CHUDASAMA(13128) for the Applicant(s) No. 1
MR PREM D DAVE(10958) for the Applicant(s) No. 1
RONAK RAVAL APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                          Date : 22/04/2026

                           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.
11210061260065/2026 registered with Lalgate Police Station,
District: Surat, for the offences punishable under Sections
318(4) and 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/8097/2026                                                                      ORDER DATED: 22/04/2026




    3.         Considering the above, the applicant is hereby directed
    to remain present before the Investigating Officer concerned
    on 28.04.2026 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)
    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 22/04/2026
14:56:10




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