Smita Agarwal v. State Of Maharashtra

10.01.2024 Serial no. 48 Anticipatory bail [Rejected] Dd CRM (A) 58 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Wadala (T.T. Station) CR No. 50 of 2023 FIR registered dated 09.09.2023 under Sections 406/420/408/465/467/468/471/34 of the Indian Penal Code, 1860.

-AndIn the matter of : Smita Agarwal ... ...Petitioner Mr. Abhijit Kumar Chattopadhyay, (via VC), Mr. Ambu Bindu Chakraborty, Mr. Debojyoti De, Advocates ... ... For the Petitioner Mr. Debasish Roy, PP Ms. Eshita Dutta, Advocates ... ...For the State Petitioner prays for transit anticipatory bail. Learned advocate appearing for the petitioner submits that the petitioner is a resident of Kolkata. Petitioner was served with a notice dated December 8, 2023 by the police at Mumbai in relation to a police complaint relating to husband of the petitioner. Petitioner is no way connected with such police complaint. Petitioner participated in the investigation and appeared before the relevant Investigating Officer at least five times along with her husband.

We perused the materials in the application.

We find that, a police complaint was lodged as against the husband of the petitioner for defalcation of money in excess of Rupees 31 crores.

Apparently, in course of investigation, the Investigating Officer found that the husband of the petitioner stated that such money was taken towards the business of the petitioner. Moreover, the husband of the petitioner stated that, the petitioner was doing business and that such places of business were in Nigeria, Ghana amongst other countries. Huge money is involved. Husband of the petitioner made statement against the petitioner.

In such circumstances, we are unable to grant transit anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 58 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)