High Court of Gujarat

PARIKH SANDEEPKUMAR NAVINCHANDRAversusSTATE OF GUJARAT

Disposal: 44-PARTLY ALLOWED @ FH
Bench: P M RAVAL

Holding

The Court declined to grant anticipatory bail and disposed of the application with directions for the applicant to cooperate and for the investigating officer to give seven days’ notice before any arrest, in line with Supreme Court guidelines.

Summary

The applicant, Parikh Sandeepkumar Navinchandra, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with an FIR alleging offences under Sections 316(2) and 54 of the Bhartiya Nyaya Sanhita, 2023. He argued that the maximum punishment was 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 to cooperate, and ordered that the officer give a seven‑day prior notice before any arrest. The Court also instructed the officer to follow the Supreme Court’s guidelines laid down in Arnesh Kumar, Satender Kumar Antil, and Md. Asfak Alam. The application was consequently 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 and notice before arrest pending investigation
Whether the investigating officer must adhere to Supreme Court precedents on arrest procedures

Legislation cited

Bharatiya Nagarik Suraksha Sanhitas. 482
Bhartiya Nyaya Sanhitas. 316(2), s. 54

Subjects

anticipatory bailSection 482arrest procedureinvestigation cooperationnotice before arrestSupreme Court guidelinesBNSS 2023BNYS 2023

Judgment

     R/CR.MA/9080/2026                            ORDER DATED: 21/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 9080
                          of 2026

==========================================================
                  PARIKH SANDEEPKUMAR NAVINCHANDRA
                                 Versus
                           STATE OF GUJARAT
==========================================================
Appearance:
MR ADITYA B GANDHI(13129) for the Applicant(s) No. 1
MR.KARNA H DHOMSE(6684) for the Applicant(s) No. 1
MS SHREYA M SONI(10618) for the Applicant(s) No. 1
MR. ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                            Date : 21/04/2026

                             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 I-CR No. 11217020260059 of 2026
registered with “B” Division Patan City Police Station, District:
Patan, for the offences punishable under Sections 316(2) and 54 of
the Bhartiya Nyaya Sanhita, 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.

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       R/CR.MA/9080/2026                                                               ORDER DATED: 21/04/2026




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)
NITIN MAKWANA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NITIN INDRAVADAN MAKWANA(HCW0110), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 21/04/2026 15:04:43




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