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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
UTKARSH THAKORBHAI DESAI
Ankur Gopalbhai Patel – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. details of the fir and allegations (Para 1 , 2 , 3) |
| 2. arguments regarding the applicant's involvement and bail application (Para 5 , 6) |
| 3. observations on investigation and evidence (Para 7 , 8 , 9) |
| 4. legal principles governing anticipatory bail (Para 10) |
| 5. court's decision regarding anticipatory bail application (Para 11 , 12 , 13) |
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 frequen
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.
The court ruled that a person outside jurisdiction lacks grounds to seek anticipatory bail, emphasizing the need for presence in India to enforce bail conditions.
The court cannot grant anticipatory bail to an applicant residing outside the jurisdiction without evidence of cooperation with ongoing investigations.
The main legal point established in the judgment is the requirement of special circumstances to file anticipatory bail directly before the court and the need for a concrete belief of arrest based on ....
The court emphasized that anticipatory bail should not be granted if it hampers investigation, especially in cases involving economic offences.
Anticipatory bail denied due to serious allegations of fraud, necessity for custodial interrogation, and applicants' absconding status.
In economic offences, the accused is not entitled to anticipatory bail, and custodial interrogation may be necessary.
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