Deepakkumar Arvind Sharma vs State Of Gujarat
2026 Latest Caselaw 3533 Guj

Gujarat High Court

Deepakkumar Arvind Sharma vs State Of Gujarat on 13 May, 2026

                                                                                                          NEUTRAL CITATION




                           R/CR.MA/11591/2026                                ORDER DATED: 13/05/2026

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 11591
                                                  of 2026
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                                                DEEPAKKUMAR ARVIND SHARMA
                                                           Versus
                                                     STATE OF GUJARAT
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                      Appearance:
                      MR DHRUV K DAVE(6928) for the Applicant(s) No. 1
                      MS. DHWANI TRIPATHI, ADDITIONAL PUBLIC PROSECUTOR for the
                      Respondent(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                      Date : 13/05/2026
                                                          ORDER

RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 - State of Gujarat.

[1.0] 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. 11191002260098 of 2026 registered with Ranip Police Station, Ahmedabad, for the offences punishable under Sections 316(4) of BNS.

[2.0] Learned advocate for the applicant submits that though the offence is punishable upto 7 years, till date the applicant has not received notice under Section 35(3) of the BNS.

[3.0] In view of the above, the concerned Investigating Agency is directed to scrupulously follow the dictum 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 Md. Asfak Alam vs. State of Jharkhand and Another reported in 2023 SCC OnLine SC 892, and issue notice under Section 35(3) of the BNS to the applicant.

[4.0] It is further directed that in the event if any further Section is added,

NEUTRAL CITATION

R/CR.MA/11591/2026 ORDER DATED: 13/05/2026

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inform the applicant. If the offence is punishable for more than 7 years, it is kept open for the applicant to file appropriate proceedings and even at the event of arrest in connection with the impugned offence, the concerned Magistrate is directed not to mechanically authorise the detention of the applicant.

[5.0] With aforesaid direction, the applicant is disposed of with aforesaid liberty. It is clarified that this Court has not entered into the merits of the case. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(HASMUKH D. SUTHAR,J) SAJ GEORGE