Anita John v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1819 OF 2025 Anita John ...Applicant V/s.

The State of Maharashtra

...Respondent

Mr. Sagar Kasar a/w Ms. Chaitali Bhogle & Mr. Rishabh Tiwari Advocate for the Applicant.

Mr. Tanveer Khan, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

08.09.2025.

P.C. :

1.

This is an application for Anticipatory Bail. 2.

The applicant is apprehending her arrest in Crime No. 280 of 2025 registered at Sahar Police Station, Brihanmumbai City, for the offeneces punishable under Section 318(4), 336(2), 336(3) & 340(2) of the Bhartiya Nyaya Sanhita, 2023. 3.

The accused, in the present crime, namely Harsh Mehta, was holding a Indian passport with ECR status and for such passport holders it is mandatory to have POE clearance, if they 1/4

want to go abroad for employment. It is alleged that to circumvent this requirement, the present applicant and the other co-accused obtained a tourist visa for him for Oman and work visa for UAE. It is alleged that the applicant has accepted Rs.2,00,000/- from coaccused Harsh Mehta for the said purpose. 4.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State 5.

This Court on 04.07.2025 passed the following order: The learned Counsel for the applicant submits that a sum of Rs 60,000/- was credited to the bank account of the applicant's company. This amount was received specifically towards charges for spoken English training, interview preparation and consultation services rendered. A proper receipt was duly issued to the co-accused, Harsh H Mehta, thereby evidencing the legitimacy of the transaction and the absence of any wrongful intent on the part of the applicant.

The learned Counsel further submits that, apart from the bare allegation that the applicant received Rs.60,000/- from the account of co2/4

accused Harsh Mehta, there exists no material on record that connects the applicant to the commission of the alleged offence. The learned Counsel further submits that the investigation in the present case has already concluded and a charge sheet has also been filed before the competent Court against the co-accused. The applicant is ready to cooperate with the investigation by attending the concerned police station and submitting all relevant documents as may be required by the investigating officer. 2.

The learned APP seeks time to take further instructions.

3.

By consent, stand over to 4 August 2025. In the meantime, the applicant shall attend the concerned police station on 9th, 10th and 11th July 2025 between 11.00 a.m. and 2.00 p.m. and cooperate with the investigation. There shall not be any coercive action against the applicant in the present crime till the next date.

6.

There is no grievance that the applicant has not cooperated in the investigation. The investigation is over and the prosecution has filed the charge-sheet against the co-accused. Considering the overall facts and circumstances of the case, I am 3/4

inclined to release the applicant on anticipatory bail. In the result, the following order is passed:

O R D E R

a] The Application is allowed.

b] In the event of arrest of the applicant in connection with Crime No. 280 of 2025, the applicant be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

[N.R.BORKAR, J.] 4/4