Bombay High Court Grants Bail to Woman Accused in Rs 2.45 Crore Cheating Case; Cites Children's Welfare and Non-Violent Nature of Offence

In a case involving allegations of cheating amounting to Rs 2.45 crore, a Single Judge Bench led by Justice Ashwin D. Bhobe granted bail to a woman accused, taking into account the welfare of her two minor children and the non-violent nature of the alleged offence. The applicant, along with her husband and two others, was accused of defrauding several complainants by gaining their trust and using forged documents. She was arrested on April 4, 2025, remained in police custody until April 11, 2025, and had been in judicial custody since then.

Her initial bail plea was rejected by the Additional Sessions Judge-6, Nashik, on May 7, 2025. Subsequently, she filed a fresh application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with the FIR dated February 27, 2025, registered at Ambad Police Station for offences under Sections 406, 420, 465, 467, 468, and 471 read with Section 34 of the Indian Penal Code, 1860.

The applicant’s counsel argued that she had two young children, aged 8 and 3, who had been deprived of their mother's care since her arrest. It was also submitted that some of the complainants had received their money back and that the applicant’s continued custody was not necessary for the investigation. The prosecution acknowledged that Rs 95 lakh had been repaid to the complainants.

After reviewing the case, the Court emphasized that the matter should be evaluated based on the applicant’s responsibility towards her minor children and the fact that the offence was non-violent. The Court also noted there was little risk of the applicant fleeing or absconding. Accordingly, the Court granted her bail, directing that she be released on a personal bond of Rs 50,000, with one or two sureties of the same amount, to the satisfaction of the concerned Judicial Magistrate First Class, Nashik.

Case title- [Nilam Divesh Narodiya v. State of Maharashtra, Criminal Bail Application No. 2189 of 2025, decided on 2-6-2025]