Pooja Vishant Bhoir v. The State Of Maharashtra And Another
2026:BHC-AUG:13189 1 934.ABA-1841-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1841 OF 2025 POOJA VISHANT BHOIR
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. Surve Shritej APP for Respondent No.1/State : Mr. D. J. Patil Advocate for Respondent No.2 : Mr. Amit Shivlal Gadekar ...
CORAM : MEHROZ K. PATHAN, J.
DATE : 25th MARCH 2026 PER COURT :
1.
Heard the learned Counsel for the Applicant, learned Counsel for the Respondent No.2 and the learned APP for the Respondents/State.
2.
The Applicant has approached this Court, seeking anticipatory bail application in connection with FIR No. 452 of 2023 registered with MIDC Police Station, District Latur for the offences punishable under Sections 406 and 420 of the Indian Penal Code, 1860.
3.
The First Information Report came to be registered by the MIDC Police Station on the complaint filed by Respondent No. 2,
2 934.ABA-1841-2025.doc alleging that the Applicant induced Respondent No. 2 to invest money in the securities and the firm run by the Applicant. Accordingly, Respondent No. 2 invested an amount of Rs. 10 Lakhs on the assurance of the Applicant that he would receive high returns. The Applicant failed to return the amount as promised, and therefore the FIR came to be filed by the complainant, Respondent No. 2 herein.
4.
The learned Counsel for the Applicant submits that this Court, vide order dated 16.10.2025, had protected the Applicant subject to the conditions that she shall attend the police station and cooperate with the investigation. The learned Counsel submits that in pursuance to the interim order dated 16.10.2025, the Applicant has attended the police station and has cooperated with the investigation. The Applicant has also returned the amount allegedly invested by Respondent No. 2 at the inducement of the Applicant. The complainant has filed an affidavit to that effect, stating that the Applicant has returned an amount of Rs. 9,22,000/- in addition to the earlier amount of Rs. 90,910/-, and that nothing now remains to be returned by the Applicant to the complainant. The affidavit of Respondent No. 2 is already on record. The Applicant is ready to abide by any conditions that may be imposed by this Court. Hence she may be released on anticipatory bail.
5.
As against this, the learned APP strongly opposes the present application on the ground that the Applicant is a habitual
3 934.ABA-1841-2025.doc offender who has cheated the complainant as well as various other investors of their hard-earned money. The Applicant induced the complainant to invest in her company on the assurance of high returns. An identical FIR has also been filed against the present Applicant at Cuffe Parade Police Station, Mumbai, on 12.05.2023, being FIR No. 124/2023. The learned APP submits that if the Applicant is released on bail, she may target innocent and gullible citizens and induce them to invest in her company. Thus the offence is economic in nature and as such this is not a fit case to grant anticipatory bail to the Applicant, and the said application may therefore rejected.
6.
I have gone through the investigation papers which has culminated in the filing of the charge-sheet against the Applicant, as well as the interim order dated 16.10.2025 passed by this Court. A perusal of the investigation papers shows that the investigation is complete. The Applicant has attended the police station and cooperated with the investigation. Hence, nothing remains to be investigated at the behest of the present Applicant. Moreover, the complainant has filed an affidavit stating that the Applicant has already returned the amount of approximately Rs. 10 Lakhs, which was invested by the complainant upon the alleged inducement of the Applicant. Thus, in my opinion, no fruitful purpose would be served by again granting custodial interrogation of the Applicant. .
Be that as it may, these observations are prima facie in nature and made only for the purpose of deciding the present
4 934.ABA-1841-2025.doc application, and they shall not influence the trial Court. The apprehension of the learned APP can be taken care of by imposing stringent conditions on the Applicant. Hence the following order :
ORDER
(i) The application is allowed.
(ii) The interim order dated 16.10.2025 is hereby confirmed. (iii) The Applicant shall not indulge into identical offences of cheating.
(iv) The Applicant is directed not to tamper with the evidence and shall not threaten the complainant or the other witnesses. (v) The Applicant shall attend the trial on each and every date unless so exempted by the trial on emergency conditions. (vi) The Applicant shall submit her Aadhar and PAN Cards to the Investigating Officer and detailed addresses and phone numbers of herself and two of the near relatives.
(vii) A single complaint of registration of subsequent additional offences of cheating against the Applicant, would entitle the prosecution to seek cancellation of bail of the Applicant. (viii) With the aforesaid directions, the application is disposed of. MEHROZ K. PATHAN JUDGE NAJEEB..