Anticipatory bail granted contingent upon the applicant's cooperation in the investigation, highlighting the importance of compliance with statutory mandates and Supreme Court directives.

ORDER :

Learned advocate Mr.Jaydevsinh Chudasama has received instructions to appear on behalf of respondent No.2. He is permitted to file his appearance. Registry to accept the same.

The present application to be heard along with Criminal Misc. Application No.4529 of 2025.

1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 , the applicant accused has prayed to release him/her on anticipatory bail in the event of her arrest in connection with the FIR being C.R. No.I- 11210003250108/2025 registered with Adajan Police Station, Surat for the offences punishable under Sections 406, 120-B and 114 of the Indian Penal Code, 1860.

2. Heard learned advocates appearing for the respective parties.

3. When the matter is taken up hearing, learned APP has submitted that though notice under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”) came to be issued to the present applicant, but the applicant has not joined the investigation. Hence, he has requested this Court to pass appropriate order.

4. However, on the instructions, learned advocate appearing for the applicant submits that the applicant is ready and willing to join the investigation on 17.03.2025 in view of the o alleged are punishable with maximum imprisonment upto seven years.

5. The Applicant seeks to join the investigation, as the alleged offenses are punishable with a maximum imprisonment of up to 7 years. Therefore, the Investigating OfÏcer 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 O must adhere to the mandate of Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ).

6. In view of the above, applicant is directed to join the investigation on 17.03.2025 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 ”) .

7. Stand over to 19.03.2025.