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.

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 foreign currency and they would give monthly profit/interest of average 8% to 10%. The original complainant had asked Meet as to how profit of 8% to 10% was possible to which Meet had showed him the pamphlets of Tradewell Academy in his mobile phone and had told him that, many people were coming to their office at Sarthana to learn about Forex trading and investors who had gained knowledge from their academy had become owners of big houses and expensive cars. Meet had also told him that, Piyush Kukadia (accused no. 6), Ankur Patel I.e the present applicant, Vishal Limbani (accused no. 3) and Vishal Sankdasariya (accused no. 2) were his partners and together they had occasioned huge profits to various investors.

3.1 Thereafter, the original complainant had not contacted Meet, however, Meet himself had contacted him after two weeks and had asked him whether he had thought about investing in Forex market and had also sent him an account through Whatsapp. The original complainant had studied the details of this account and found Meet’s proposal trustworthy. Meet had thereafter called him to Surat to watch and experience the working pattern of his expert team dealing in earning huge profits for various investors, pursuant to which, he had gone to Surat where Meet had introduced him to his partners including the present applicant, who all had told him that, the principal amounts of his investment would remain safe.

3.2 The original complainant had thereafter given his relevant documents and token cash amount of Rs.51,000/-. Meet had also instructed him to send the money through courier firm, hence he had sent Rs.2,50,000/- through P.M. Angadiya firm to be deposited in Tradewell account bearing mobile number 7046705391. It is further mentioned that, Meet had asked the original complainant to download META TRADER 5 application from the Playstore, which he did, pursuant to which, Meet had sent him the Login Id and invest password and had instructed him to view his profit and loss by using the same. Meet had specifically instructed him that, he was not to use his trading password, which of course would be looked after by his expert team. The original complainant has further mentioned that, his account was entirely handled by Meet, Piyush Kukadia, Vishal Sankdasariya and the applicant.

3.3 It is further mentioned in the FIR that, the original complainant had thereafter deposited Rs. 25 lakhs in Forex account as well as Infinity account at regular intervals a