Ravina Vishnu Jotwani Alias Ravina W/O Krushna Gupta) v. The State Of Maharashtra Thr. Pso Ps Dhantoli Dist. Nagpur

2025:BHC-NAG:2628

(1) 29 aba 868.24.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.868 OF 2024 Ravina Vishnu Jotwani (Ravina w/o Krushna Gupta) Vs.

State of Maharashtra, through PSO, PS Dhantoli, Nagpur --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S.P. Sonwane, Counsel for the applicant.

Mr. Anant Ghogare, APP for the non-applicant/ State. CORAM :

URMILA JOSHI-PHALKE, J.

DATED :

12/03/2025 1.

By way of this application, the applicant is seeking pre-arrest bail in connection with Crime No.515/2024 registered with Police Station, Dhantoli District Nagpur for the offence punishable under Sections 3(5), 316(2), 318(4), 351(2) & 61(2) of the Bharatiya Nyaya Sanhita, 2023.

2.

The allegation against the present applicant is on the basis of the report lodged by the complainant alleging that she had been to the shop of the present applicant and her husband. She and her friend shown their willingness to purchase phone and provided the necessary documents and booked the mobile phone. The applicant and her husband instigated complainant and her friend to

(2) 29 aba 868.24.odt. purchase Apple phone and also induced them that if they purchase the Apple phone then only loan will be sanctioned. It is alleged that the money was obtained from them and thereafter, as per the request of the present applicant and the other co-accused they have deposited the amount in the account of the present applicant. Subsequently, it revealed to them that they are duped. On the basis of the said report crime was registered against the present applicant.

3.

Heard learned Counsel for the applicant. He submitted that as far as the FIR is concerned, the entire allegations are leveled against the co-accused, who is husband of the present applicant. She was merely present in the shop alongwith her husband and therefore, she is implicated in the alleged incident. The applicant is pregnant. If she is sent behind the bar her health will be deteriorated. Therefore, she be protected by granting adinterim bail. 4.

Learned APP strongly opposed the application on the ground that the involvement of the present applicant reveals from the recitals of the FIR and the investigation papers and therefore her custodial interrogation is required.

(3) 29 aba 868.24.odt. 5.

On hearing both the sides and on perusal of the recitals of the FIR and the investigation papers it reveals that, the entire allegation are against the coaccused. As far as present applicant is concerned, she was present along with other co-accused. The amount is also deposited in her account on the say of the other coaccused. Considering the same it reveals that the coaccused, who is husband of the present applicant, was looking after the day-to-day affairs of the said shop and the allegation of cheating is made against him. Considering the same, the applicant has made out the case for grant of anticipatory bail. In that view of the matter, I proceed to pass the following order.

ORDER

(i) The criminal application is allowed.

(ii) In the event of arrest, in connection with Crime No.515/2024 registered with Police Station Dhantoli, District Nagpur for the offence punishable under Sections 3(5), 316(2), 318(4), 351(2) & 61(2) of the Bharatiya Nyaya Sanhita, 2023, applicant- Ravina Vishnu Jotwani (Ravina w/o Krushna Gupta) shall be released on ad-interim anticipatory bail on executing PR Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount.

(iii) The applicant shall attend the concerned Police Station once in a week on Monday between

(4) 29 aba 868.24.odt. 10.00 a.m. to 1.00 p.m. and shall cooperate with the investigating agency.

(iv) The applicant shall not directly or indirectly make any inducement and threat or promise to any person acquainted with the facts of the present case. 9.

The criminal application stands disposed of.

(URMILA JOSHI-PHALKE, J.) manisha