Roshita Pandey v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 425 OF 2026 Roshita Pandey ...Applicant V/s.
State of Maharashtra & Ors.
...Respondents.
..............
Ms Chaula Solanki a/w. Mr. Niranjan Pradhan i/b Nagi & Associates for the Applicant.
Ms Shilpa G. Talhar, APP for the Respondent/State. Ms Hooralain Hussein for the Respondent No.3/First Informant. PSI Onkar Aadke, Cyber Police Station is present. ..............
CORAM
:
N.R. BORKAR, J.
DATE :
18.03.2026.
P.C. :
1.
This is an application for anticipatory bail. 2.
The applicant is apprehending her arrest in Crime No. 163 of 2025 registered by Cyber Police Station, Central Division, Mumbai City for the offences punishable under Sections 318(4), 319(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 66(D) of the Information Technology Act.
3.
It is alleged that the first informant contacted the present applicant and other co-accused through Instagram, who told her that somebody had done black magic on her and on the pretext of curing the same, defrauded her to the tune of Rs.33,44,492/-. 4.
On 20th February 2026, this Court passed the following order: "1. The learned counsel for the applicant seeks leave to 1/3
implead the first informant as a party respondent to the present application.
2.
Leave as sought is granted. Necessary amendment shall be carried out forthwith.
3.
Issue notice to the respondent/first informant, returnable on 10.03.2026.
4.
The learned counsel for the applicant submits that, according to the prosecution, the present applicant is a beneficiary of amount of Rs.7,35,133/-. On instructions, it is submitted that the applicant is ready and willing to refund the said amount of Rs.7,35,133/- to the first informant. 5.
In that view of the matter, till the next date, the applicant shall not be arrested".
5.
Learned counsel for the applicant submits that though the applicant has shown the willingness to pay Rs.7,35,133/-, however, except the amount of Rs.6,54,847/- the first informant has already received rest of the amount from the other coaccused. The learned counsel for the appli cant has handed over the Demand Draft of Rs.6,54,874/- to the learned counsel for the respondent No.3/first informant. It is submitted that the applicant is willing to pay the further amount, if any, to the first informant in case of any dispute. It is submitted that there are no other criminal antecedents against the applicant.
6.
Considering the overall facts and circumstances of the case, I am inclined to release the applicant on anticipatory bail. In the result, the following order is passed.
2/3
ORDER
A) The Application is allowed.
B) In the event of arrest of the applicant in C.R. No.163 of 2025 registered by Cyber Police Station, Central Division, Mumbai City for the offences punishable under Sections 318(4), 319(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 66(D) of the Information Technology Act, the applicant be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one surety or two sureties in the like amount.
C) The applicant shall attend the concerned police station as and when called by the Investigating Officer and shall cooperate in the investigation.
[N.R.BORKAR, J.] 3/3