An anticipatory bail application can only be filed by persons present in India to ensure compliance with the court's conditions; presence in court is necessary for due process.

ORDER :

1. The applicant, who is apprehending arrest at the hands of Sarthana Police, Dist. Surat has preferred this application for anticipatory bail under Section 482 of BNS S , 2023. The FIR came to be registered by way of C.R. No. 11210008250527 of 2025, for the offences punishable under Sections 316 (5), 318(4), 61(2), 317(2) of the , 2023, Section 66 (D) of the IT Act and Section 3 of the GPID Act, 2003.

2. The applicant is mentioned as accused no. 4 in the FIR. There are other 5 other co-accused also named with the applicant in the said FIR.

3. The original complainant Smit Ashishbhai Vaghasia by way of his FIR has stated that, he is related to Meet Khokhar (accused no. 1) and both of them reside in the same residential society. Meet had opened an office in Deep Kamal Complex at Sarthana Jakaat Naka, Surat and he used to frequently visit this office.

3.1 It is mentioned in the FIR that, Meet had lured the original complainant to invest in Forex market promising monthly return of 7% to 8%. The original complainant by reposing trust in Meet had started investing in Forex market.

3.2 The original complainant had introduced his uncle Amit Vaghasia to Meet and both of them i.e. the original complainant and his uncle started investing in Forex market through META TRADER 5 application, which they had downloaded upon instruction of Meet.

3.3 It is further mentioned in the FIR that, the original complainant had also withdrawn Rs.9 lakhs from his account, however, after some time, both their accounts were reflecting minus balance.

3.4 Meet while winning over the trust of the original complainant had informed him that, he along with other co-accused including the applicant were looking after the Forex trading business.

3.5 The original complainant had asked Meet Khokhar and other co-accused including the applicant to return the amounts of Rs. 92 lakhs which he and his uncle Amit had invested, however, they had not done so and had instead threatened him. Thus, the FIR came to be registered against all accused including the applicant, since all of them entered into a criminal conspiracy and had lured the applicant and his uncle to invest Rs. 92 lakhs in all, and thereafter, not having returned the said amount.

4. Heard learned Senior Advocate Mr. I.H. Syed assisted by Mr. Chaitanya S. Joshi and Mr. Pankaj Chhajed, learned advocates for the applicant and learned APP Mr. Tirthraj Pandya for the State.

5. Learned Senior Advocate Mr. IH Syed at the outset has submitted that, the applicant is ready and willing to cooperate with the investigation if he is granted protection. Mr. Syed has submitted that, as per the FIR the original complainant had first approached Meet, who had opened an account in EONE FX and thereafter, the account was transferred to SECURE FX. The applicant is concerned only with EONE FX, and till the account was maintained with EONE FX, there was no complaint by the original complainant. According to Mr. Syed, it was Meet who had told the complainant to transfer the account from EONE FX to SECURE FX. There is no iota of evidence to show that the applicant was associated with SECURE FX. The applicant is in Dubai since April 2025 i.e. before the FIRs came to be registered. Though it is the say of the complainant that, he had paid the amounts in cash, he is unable to show the source of the said amounts. Mr. Syed has also drawn the attention of the court towards the chart which is submitted, from wherein it can be gathered that, till the account of the original complainant was maintained with EONE FX, profit had accrued, and the original complainant had also encashed some of the said