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2026 Supreme(Guj) 141

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
UTKARSH THAKORBHAI DESAI, J.
Ankur Gopalbhai Patel – Appellant
Versus
State of Gujarat – Respondent
Criminal Misc. Application (For Anticipatory Bail) No. 26094 of 2025
Decided On : 02-02-2026

Advocates Appeared:
For the Appellants : I.H. Syed, Chaitanya S. Joshi, Pankaj R. Chhajed
For the Respondent: Tirthraj Pandya

The court cannot grant anticipatory bail to an applicant residing outside the jurisdiction without evidence of cooperation with ongoing investigations.

Headnote:(A) BNS, 2023 - Sections 316(5), 318(4), 351(2), 61(2), 317(2); IT Act - Section 66

(D); GPID Act, 2003 - Anticipatory bail application - Application rejected as the applicant is residing abroad and failed to cooperate with the investigation, demonstrating reluctance to adhere to the judicial process. (Para 11)

(B) Preliminary Objection - Anticipatory bail cannot be granted to a person not present in the jurisdiction of the court; it is essential for the court to impose conditions on the accused that cannot be effectively enforced if they are outside India. (Para 10)

(C) Criteria for Bail - Court has the discretion to deny bail if the applicant is found to have a history of similar offenses and does not demonstrate a timely willingness to cooperate with law enforcement. (Paras 9 and 12)

Facts of the case:
The applicant, an accused in a financial fraud case involving Forex investments, initially profited from EONE FX but faced losses after transferring to SECURE FX, leading to a FIR being filed for various offenses. The applicant was not in India at the time of hearing and had previous criminal antecedents.

Findings of Court:
No further leniency on anticipatory bail as judicial orders cannot be treated casually, especially by individuals who reside outside India.

Issues: Whether an anticipatory bail application is maintainable from outside India and the implications of non-compliance with court orders.

Ratio Decidendi: Anticipatory bail requires the applicant to be present in the jurisdiction for the enforcement of conditions; mere readiness to cooperate while residing abroad does not meet the court's obligations for trial.

Result: Anticipatory bail application rejected.

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 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 Sankdasaria’s brother-in-law Vishal Limbani (accused no. 3) along with his friend Ankur Patel i.e. the present applicant, were doing business in the forex market. Meet had further informed him that, by working as an agent in the said business, he was earning huge commission and, there was huge profit in Forex and Robo trading business. Meet had assured the original complainant that, if he would invest in Forex trading, he i.e. Meet would ensure that, he would earn a profit of around 7% to 8% per month. The original complainant had pleaded ignorance as regards the said business before Meet, to which Meet had assured him that, he should not worry and should only look at his profit. Meet had also told him that he was having a large expert team, which had occasioned huge profits to various investors. They also had an office in Dubai and his employees namely Mihir Shah (accused no. 5) and Piyush Kukadiya (accused no. 6) would provide him information as regards Forex trading. Saying so, Meet had asked for Rs. 2 lakhs towards token amount to be invested in Forex trading, however, the original complainant did not have the said amount. As such, he had given Rs.50000/- and had borrowed Rs. 1,50,000/- from his friend Ravibhai Nathani, and accordingly had deposited the said amount in an office named R.J. Jewellery, pursuant to which, Meet had prepared a Forex account for trading in Forex market on the server of broker EONE FX bearing I.D. No. 7946224. The original complainant was also made to download an application MT-5, wherein, he saved his id-password. Meet had also told him that, after filling up the id password in his mobile application, he would be able to see the profit and loss as against his investments, however, he was not to enter into any transactions since, it would be Meet’s team who would be looking after the said aspect. Meet had further assured him that, he would have to only remit amounts in cash, which would be converted into dollars by him.

3.1 It is further mentioned in the FIR that, the original complainant had thereafter deposited Rs. 5 lakhs in Meet’s office namely, Tradeware Academy situated in Deepkamal Shopping Complex, Sarthana Jakatnaka, Surat as against which, a ba

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