← Library
Bombay High CourtABA/37/2026disposed off

Nisha Kapil Agarwal v. State Of Maharashtra Thr Pso., Ps Sitabuldi, Nagpur And ANR

2026-01-20Hon'Ble Shri Justice M. W. Chandwani2 pages

46aba37.2026..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 37 OF 2026 (Nisha Kapil Agarwal Vs. State, thr PSO, PS Sitabuldi, Nagpur and anr) ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Sunil Manohar, Senior Advocate i/b Mr. C.B. Barve, Advocate for applicant.

Mr S.B. Bissa, APP for respondent No.1/State. CORAM : M.W. CHANDWANI, J.

DATE : 20.01.2026.

Heard.

2.

The applicant is seeking transit anticipatory bail in connection with Crime No. 20/2026, registered with Police Station Saraswati Nagar, District Raipur, for the offences punishable under Sections 318(4), 338, 336(3) of the Bharatiya Nyaya Sanhita, 2023 to approach before the appropriate Court. 3.

Issue notice to the non applicants showing cause as to why transit anticipatory bail should not be granted to enable the applicant to appear before the appropriate Court, returnable on 3.2.2026.

4.

Learned APP waived notice on behalf of respondent no.1. 5.

It is contended that the complaint has been lodged against the applicant, her father and brother alleging that they being the directors of Hitech Abrasive Pvt Ltd, sold the property to the complainant which was already mortgaged with State Bank of

46aba37.2026..odt India. Therefore, on his complaint, the aforesaid offences came to be registered.

6.

The contention of the learned Senior Counsel is that the applicant is not a director in the company but merely a shareholder of the company. No role has been played by the applicant in the alleged offence and she has no involvement in the aforesaid crime. Further, the applicant has not signed any document.

7.

Considering the FIR and the fact that, the applicant is not a signatory to any document, a case is made out for ad interim protection. Hence, following order is passed: i) Pending the application, in the event of arrest, the applicant be released on furnishing P.R. bond of Rs. 25,000/- and one solvent surety in the like amount. iii) The applicant shall not tamper with the prosecution evidence and shall cooperate in the investigation. JUDGE Belkhede