High Court of Gujarat

SHALIN UMESHKUMAR PATELversusSTATE OF GUJARAT

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

Holding

The Court disposed the anticipatory bail application, directing cooperation with the investigation and a seven‑day prior notice before any arrest, without granting bail.

Summary

Shalin UmeshKumar Patel applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with an FIR (C.R. No. 11191042250376/2025) alleging offences punishable up to seven years. The applicant argued he would cooperate with the investigation and was ready to appear before the investigating officer. Notices under Section 35(3) of the BNSS had been issued to the applicant and the co‑accused. The Court directed the applicant to remain present before the investigating officer, to cooperate, and that any arrest must be preceded by a seven‑day prior notice, while also instructing the officer to follow Supreme Court precedents (Arnesh Kumar, Satender Kumar Antil, Md Asfak Alam). The application was disposed with these conditions and no anticipatory bail was granted.

Issues considered

Whether anticipatory bail should be granted to the applicant under Section 482 of the BNSS
Whether the investigating officer must give prior notice before arrest as per the Court’s directions
Compliance with the procedural requirements of Section 35(3) of the BNSS

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023s. 35(3), s. 482

Subjects

anticipatory bailSection 482BNSSinvestigation cooperationarrest noticeSupreme Court guidelines

Judgment

      R/CR.MA/8149/2026                             ORDER DATED: 09/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 8149
                          of 2026

==========================================================
                          SHALIN UMESHKUMAR PATEL
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
MR HARDIK H DAVE(6295) for the Applicant(s) No. 1
MONALI BHATT APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                               Date : 09/04/2026

                                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. 11191042250376/2025
registered with Satellite Police Station, District: Ahmedabad, for
the offences mentioned in the FIR.


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.


2.1     It transpires that the present application has been issued


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           R/CR.MA/8149/2026                                                                      ORDER DATED: 09/04/2026




    notice on 15.01.2026 and 02.02.2026 under Section 35(3) of the
    BNSS ,2023, whereas, co-accused has been issued notice through
    registered AD on 27.01.2026 and 31.01.2026.


    3.         Considering the above, the applicant is hereby directed to
    remain present before the Investigating Officer concerned 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 09/04/2026
16:48:17




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