Bombay High Court: In a case wherein the applicant, a mother of two children, along with three other accused persons, was alleged to have cheated the complainants of Rs 2.45 crore, a Single Judge Bench of Ashwin D. Bhobe, J., considering the well-being of the applicant’s minor children and that the offence alleged was a non-violent crime, granted bail to the woman.
The applicant along with her husband and two other co-accused persons, was involved in cheating various complainants of Rs 2.45 crore, by gaining their trust and forging documents. The applicant was arrested on 4-4-2025 and was in police custody till 11-4-2025 and since then, had been in judicial custody. Thereafter, the applicant filed a bail application, but the same was rejected by the Additional Sessions Judge-6, Nashik vide order dated 7-5-2025.
The applicant filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail in connection with the FIR dated 27-2-2025 registered at the Ambad Police Station for the offence punishable under Sections 406, 420, 465, 467, 468, and 471 read with Section 34 of the Penal Code, 1860.
Counsel for the applicant submitted that the applicant had two children, one aged 8 years and the other aged 3 years and since April 2025, her children were deprived of her care and custody, as she was in jail. It was further submitted that the witnesses stated that they received their amounts from the applicant. Thus, the presence of the applicant in custody was not required for investigation. Further, counsel for the respondent stated that Rs 95,00,000 has been paid to the witnesses who were complainants in the present case.
The Court, after considering the facts and circumstances of the present case, opined that the present application was to be considered purely on the circumstances of the applicant having two minor children and keeping in mind their well-being. The Court also opined that the offence in the present case was a non-violent crime, and it was unlikely that the applicant was likely to flee the jurisdiction or abscond if bail was granted. The Court thus granted bail to the woman and held that she be released upon furnishing PR Bond of Rs 50,000 with one or two sureties in the like amount to the satisfaction of the Judicial Magistrate First Class, Nashik concerned.
[Nilam Divesh Narodiya v. State of Maharashtra, 2025 SCC OnLine Bom 2215, decided on 2-6-2025]
Advocates who appeared in this case:
For the Applicant: Jaydatta Khoche, Advocate for the Applicant.
For the Respondent: Megha S. Bajoria, APP for Respondent/State.
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