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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 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. 11210008250514 of 2025, for the offences punishable under Sections 316 (5), 318(4), 351(3), 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 6 co-accused also named with the applicant in the said FIR.
3. The original complainant Aashil Nareshbhai Patel by way of his FIR has stated that, he came in contact with Meet Khokhar (accused no. 1) on 05.03.2023 during his business meeting at Hotel Eulogia Inn at Ahmedabad. Meet had informed him that, he was doing Forex Trading Business since last five years. His partner Piyush Kukadia (accused no. 6) was associated with Forex and different types of investments since long. Meet had informed him that, both of them were engaged in opening accounts of investors for investments in Forex Market. The said investments were done in Indian currency which were credited in their Forex accounts in forei
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.
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 cannot grant anticipatory bail to an applicant residing outside the jurisdiction without evidence of cooperation with ongoing investigations.
The court emphasized that anticipatory bail should not be granted if it hampers investigation, especially in cases involving economic offences.
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 ....
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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