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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. overview of the apprehension and alleged offences. (Para 1 , 2 , 3) |
| 2. hearing of application for anticipatory bail. (Para 4) |
| 3. applicant's willingness to cooperate with the investigation. (Para 5) |
| 4. arguments against application maintainability and evidence issues. (Para 6) |
| 5. prosecution witness statements and investigative findings. (Para 7 , 8 , 9) |
| 6. previous judgments on anticipatory bail for absentees. (Para 10) |
| 7. need for applicant's cooperation and court order relevance. (Para 11 , 12) |
| 8. final decision to reject the anticipatory bail application. (Para 13) |
ORDER :
1. The applicant, who is apprehending arrest at the hands of Udhna 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. 11210047251103 of 2025, for the offences punishable under Sections 316 (5), 318(4), 351(2), 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 co-accused also named with the applicant in the said FIR.
3. The original complainant Parth Vasantbhai Khadela by wa
The court cannot grant anticipatory bail to an applicant residing outside the jurisdiction without evidence of cooperation with ongoing investigations.
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 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.
In economic offences, the accused is not entitled to anticipatory bail, and custodial interrogation may be necessary.
A second or successive petition for anticipatory bail is maintainable but requires a substantial change in circumstances to succeed. Repetitive filings for the same relief without such changes consti....
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