Sou. Nikita W/O Yuvraj Girhe v. The State Of Maharashtra, Thr. Pso, Ps, Chandur Railway, Tah. Chandur Railway, Dist. Amravati
2025:BHC-NAG:8127
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 551 OF 2025 Sou Nikita w/o Yuvraj Girhe Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. M.M. Ghatode, counsel for applicant.
Mr. C.A. Lokhande, APP for non-applicant/State. Mr. C.A. Babrekar, counsel for assist to prosecution. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 12 /08/2025.
1.
Apprehending the arrest at the hands of police in connection with Crime No.273/2025 registered with Police Station Chandur Railway, District Amravati for the offences punishable under Sections 316(2), 316(5), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999, the applicant approached this Court for grant of pre-arrest bail.
2.
Heard learned counsel for the applicant, who submitted that allegation against the present applicant and other co-accused is that they have obtained the investments from various investors on the promise of giving handsome returns, and thereafter, the investors were duped. She submitted that, as far as the present applicant is concerned, she is only the wife of one of the directors therefore, she is implicated in the alleged
offence. As far as her custodial interrogation is concerned, which is not required, she has already cooperated with the investigating agency. In view of that, the interim protection granted to the present applicant deserves to be confirmed.
3.
Learned APP and learned counsel for the complainant strongly opposed the said application and submitted that there was active participation on the part of the present applicant, she is not merely arraigned as an accused, as she is the wife of the other co-accused, who is the director of the said Niraj Cooperative Society Private Limited. They both have submitted that considering the active participation, her custodial interrogation is required, and hence the application deserves to be rejected.
4.
On hearing both sides and on perusal of the investigation papers, it reveals that the various statements of the investors are recorded. As far as the role attributed to the present applicant is concerned, there are allegations of her presence during the meeting, and inducement to the investors. The statements of the witnesses further show that after understanding the scheme, they have invested the amount. As far as the custodial interrogation is concerned, which is not required, as the co-accused, who is the director of the said company, is already arrested by the investigating agency. The applicant has already cooperated with the investigating agency, as she
has attended the concerned police station. Considering the role attributed to the present applicant, the interim protection granted to her deserves to be confirmed. Accordingly, I proceed to pass the following order.
ORDER
a] The criminal application is allowed.
b] The interim protection granted to the present applicant vide order dated 24/07/2025 is hereby confirmed on the condition that, she shall attend the concerned police station once in a week on every Monday between 10.00 a.m. and 01.00 p.m. and shall cooperate with the investigating agency.
c] The applicant shall furnish her detailed address along with the address proof before the Investigating Officer.
d] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.
e] The applicant shall not leave the jurisdiction of the Amravati District without prior permission of the District Court, Amravati.
f] The applicant shall attend the concerned police station as directed by this Court.
g] A single default on her part would lead to the cancellation of bail.
5.
The criminal application is disposed of.
[URMILA JOSHI-PHALKE, J.]