Bombay High Court

JYOTI NANA GOLEversusSTATE OF MAHARASHTRA

Decided: 16 September 2026
Disposal: ANTICIPATORY BAIL GRANTED

Holding

The court allowed the anticipatory bail application, directing release on bail with bond and surety, subject to cooperation with the investigation.

Summary

The applicant, Jyoti Nana Gole, filed an anticipatory bail application under Section 482 of the Bharatiya Nyaya Sanhita, 2023, seeking pre‑arrest bail in a case (CR No. 139 of 2026) involving alleged cyber‑fraud where a bogus online profile was used to obtain Rs. 6,03,600 from the complainant. The FIR alleged that the applicant, as accused No. 2, had a telephonic interaction with the complainant, introducing herself as the sister of the main accused, but there was no evidence that she received the money directly. The respondent argued that the applicant participated in the offence, while the applicant contended that her role was limited, she had no criminal antecedents, and she is a single mother who had already been granted interim protection. The court examined the FIR, found that the applicant’s involvement was confined to the initial call and that she had cooperated with the investigation, and considered her personal circumstances. Accordingly, the court confirmed the interim protection and granted anticipatory bail, imposing a bail bond of Rs. 25,000 with a surety of equal amount and directing her to cooperate with the investigating agency. The application was disposed of by allowing the bail.

Issues considered

Whether anticipatory bail can be granted under Section 482 of the Bharatiya Nyaya Sanhita to the applicant.
Whether the applicant's alleged role in the alleged fraud justifies arrest.
Whether the interim protection previously granted should be confirmed with conditions.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 3(5), 351(2), 351(3), 482, 79

Subjects

anticipatory bail
pre‑arrest bail
Section 482
cyber fraud
single mother
interim protection
bail bond

Judgment

                                                                  20-ABA-676-2026.doc

vaishnavi

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                      ANTICIPATORY BAIL APPLICATION NO. 676 OF 2026


            Jyoti Nana Gole                                        ...Applicant
                       V/s.
            State of Maharashtra                                   ...Respondent


            Mr. Jennifer Sagayarajan, for the Applicant.

            Mr.Bapu V. Holambe, APP for the Respondent – State.

            PSI Shahid Khan, Dahisar, Police Station is present.


                              CORAM : PRAFULLA S. KHUBALKAR, J.
                              DATE : 16th SEPTEMBER, 2026.
            P.C. :-

            1.           Heard learned counsel for applicant as well as learned APP

            for respondent.

            2.           The applicant has filed the instant application under

            Section 482 of BNSS, seeking pre-arrest bail in connection with C.R.

            No. 139 of 2026, dated 5th February 2026, registered with Dahisar

            Police Station, Brihanmumbai (City), for offence punishable under

            Sections 318(4), 351(2), 351(3), 79 and 3(5) of the Bharatiya Nyaya

            Sanhita, 2023.

            3.           The FIR came to be registered on the basis of a report

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lodged by the complainant, alleging that the accused persons have

created a bogus profile on a website and have induced the

complainant to pay an amount of Rs. 6,03,600/- to them and the said

amount is misappropriate by them. The offence is registered against

total seven persons, including two unknown persons. The present

applicant is arraigned as accused No. 2

4.         Learned counsel for applicant submits that the main

accused, i.e. accused No. 1, Viraj Bhosale has already released on bail.

She submits that the only role attributed to this applicant is about her

initial interaction with the complainant on telephone, in which she has

revealed certain details about main accused, which were believed by

the complainant to be true. She submits that the allegations of

cheating and misappropriation of amount are against other accused

persons. She further states that there are no criminal antecedents

against this applicant, who is single mother of minor child. It is

submitted that, considering the contentions of the applicant, this court

has earlier granted interim protection to this applicant by order dated

5th August 2026 and accordingly, she has joined the investigation and

attended the Police Station.

5.         The application is opposed by learned APP, who has

pointed out the allegations in FIR showing the offences being

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committed by the accused persons. As regards the role of this

applicant, it is pointed out that she is the person who has indulged in

initial interaction with the complainant on telephone and thereafter,

the complainant has deposited the amount with the other accused

persons. It is thus submitted that this applicant has acted along with

other accused persons in commission of the offence. However, there is

no dispute about the contention that the applicant has joined the

investigation and attended the Police Station.

6.         Perused the FIR and documents on record. It has to be

noted that the only role attributed to this applicant is her initial

telephonic talk with the complainant, in which she has introduced

herself as sister of the main accused. It has to be noted that the

amount was paid by the complainant to the accused no. 1 and there is

nothing to show that this applicant has received the amount directly

from the complainant.

7.         Apart from this, considering the fact that the applicant is a

lady and a single mother of a minor child, who is granted interim

protection and the same is not misused, the said interim protection is

required to be confirmed, subject to certain conditions.

8.         Hence, I pass the following order:



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                              : ORDER :

      (i) Anticipatory Bail Application is allowed.

      (ii) In the event, arrest of the applicant in connection with

      Crime No. 139 of 2026 registered with Dahisar Police Station

      for the offence punishable under sections 318(4), 351(2),

      351(3), 79, 3(5), of Bhartiya Nyaya Sanhita 2023, she shall be

      released on bail on furnishing P.R. Bond of Rs. 25,000/-

      (Rupees Twenty Five Thousand only) with one solvent surety of

      the like amount.

      (iii)The applicant is directed to attend the Investigating Agency

      as and when called upon by the Investigating Agency.

      (iv) The applicant shall cooperate with the Investigating agency

      during investigation and trial.

9.        The application is accordingly allowed and disposed of in

above terms.



                                        (PRAFULLA S. KHUBALKAR, J.)




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