High CourtsSingle Bench(2025) 11 GUJ CK 1846

Bharatbhai Amrabhai Bharvad vs State Of Gujarat

Gujarat High Court · Decided on 19 November 2025

HON’BLE JUDGES
Utkarsh Thakorbhai Desai, J
RESULT
Disposed Of
CASE NUMBER
R/Criminal Misc.Application (For Anticipatory Bail) No. 21252 Of 2025

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Judgment

8 paragraphs · 290 words

Utkarsh Thakorbhai, J

Learned advocate for the applicant submits that a compromise has been arrived at between the original complainant and the applicant and as such he does not object to the applicant being granted anticipatory bail. A affidavit of the original complainant has been filed to that effect.

Learned advocate for the applicant, under instructions, states that the applicant is ready and willing to join the investigation.

Learned APP has drawn the attention of this Court to the fact that earlier an SIT was formed to investigate into the deeds of the applicant in light of the fact that the dispute has been settled between the original complainant and the applicant.

Having considered the submissions and the documents produced on record, the Investigating Officer is directed to scrupulously follow the proposition of law as settled by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273, in case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr., reported in (2022) 10 SCC 51 and in case of Md. Asfak Alam Vs. 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.

Let the applicant remain present before the I.O. with all necessary and relevant documents on 26.11.2025.

In case, the Investigating Officer needs to arrest the applicant, notice of 7 days shall be given to the applicant prior to such arrest.

In view of the above, the present application stands disposed of. Direct service is permitted.