Gujarat High Court
Dharmeshbhai Pravinbhai Rupareliya vs State Of Gujarat on 2 April, 2025
NEUTRAL CITATION
R/CR.A/367/2025 ORDER DATED: 02/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (FOR ANTICIPATORY BAIL) NO. 367 of 2025
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DHARMESHBHAI PRAVINBHAI RUPARELIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. VISHVESH R. ACHARYA(14664) for the Appellant(s) No. 1
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2
MR HARDIK MEHTA, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 02/04/2025
ORAL ORDER
1. Present appeal is filed under Section 14-A of the Scheduled Caste and
Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter
referred to as "Atrocity Act") challenging the judgment and order
dated 10.01.2025 passed by the learned 2 nd Addl. Sessions Judge, Gir-
Somnath, Una in Criminal Misc. Application No. 242 of 2024, whereby
the learned 2nd Additional Sessions Judge rejected the application
filed by the present appellant under Section 482 of the Bharatiya
Nyaya Suraksha Sanhita, 2023 (for short "BNSS") seeking anticipatory
bail in connection with FIR being C.R.No.11186001240978 of 2024
registered with Gir-Gadhada Police Station, Gir-Somnath for the
offences punishable under Sections 79 and 352 of the BNS read with
Sections 3(1)(R) of the Gujarat Police Act.
2. RULE. Learned APP waives service of notice of Rule on behalf of the
respondent - State.
3. Heard learned advocates appearing for the respective parties.
4. It appears that though notice under Section 35 of the Bharatiya
NEUTRAL CITATION
R/CR.A/367/2025 ORDER DATED: 02/04/2025
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Nagarik Suraksha Sanhita, 2023 (for short "BNSS") came to be issued to the
present appellant, but he did not join the investigation.
5. However, on the instructions, learned advocate appearing for the
appellant submits that the appellant is ready and willing to join the
investigation in view of the offence alleged are punishable with maximum
imprisonment upto seven years.
4. The appellant seeks to join the investigation, as the alleged offenses
are punishable with a maximum imprisonment of up to 7 years. Therefore,
the Investigating Officer must scrupulously follow the principles laid down
by the Hon'ble Supreme Court in the following cases: 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
Md. Asfak Alam v. State of Jharkhand and Another reported in 2023 SCC
OnLine SC 892. Additionally, the Investigating Officer must adhere to the
mandate of Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023
(BNSS).
5. In view of the above, appellant is directed to join the investigation
and the police authority is directed to follow the directions given by the
Hon'ble Apex Court in the above cited cases decisions well as the mandate
of Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short
"BNSS") before making a mechanical arrest of the appellant/s. Further, if he
produced before the learned Magistrate, the learned Magistrate concerned
is also directed to verify the reason and then pass appropriate order prior to
authorize the detention of the appellant/s.
NEUTRAL CITATION
R/CR.A/367/2025 ORDER DATED: 02/04/2025
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6. With the aforesaid directions, present appeal stands disposed of.
Rule is hereby discharged. Direct service is permitted.
This Court has not gone into the merits of the case.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
