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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
UTKARSH THAKORBHAI DESAI
Ankur Gopalbhai Patel – Appellant
Versus
State of Gujarat – Respondent
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 way of his FIR has stated that, he came in contact with Meet Khokhar (accused no. 1) before four years at a marriage function and thereafter, they started meeting frequently. In the year 2022, the original complainant had gone to Udhna at his friend Ravibhai Nathani’s office, when he had received a call from Meet Khokhar, who had asked him to meet. The original complainant had given Ravibhai’s office address to Meet, pursuant to which, he had come to Ravibhai’s office. Meet had informed him that, he along with his maternal uncle Vishal Sankdasaria (accused no. 2) and Vishal Sankdasa
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.
Anticipatory bail denied due to serious allegations of fraud, necessity for custodial interrogation, and applicants' absconding status.
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