JYOTI W/O DEVSHI BAGDAversusTHE STATE OF MAHARASHTRA

SA_MANDAWGAD                                          913 BA 2301-2026.DOC


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           CRIMINAL APPELLATE JURISDICTION
                 BAIL APPLICATION NO. 2301 OF 2026
                               WITH
               INTERIM APPLICATION NO. 2614 OF 2026
                                IN
                 BAIL APPLICATION NO. 2301 OF 2026

Jyoti w/o Devshi Bagda                                  … Applicant
      V/S.
State of Maharashtra                                  … Respondent


Mr. Abhishek Kulkarni, for the Applicant.
Ms. Aangha A. Deshmukh, APP for Respondent–State.
Mr. PSI Mahesh Sawant, Nehru Nagar PS, present.


                           CORAM:        SHYAM C. CHANDAK, J.
                           DATED :       6th OCTOBER, 2026
P.C. :-

1.        Heard. Perused the record.

2.        The applicant seeks her release on bail in connection with
C.C. No.1442/PW/2025, pending before the learned Judicial
Magistrate, First Class, Vikhroli, District Mumbai, arising out of
Crime No.153 of 2025, registered with Nehru Nagar Police Station,
District Mumbai, for the offence punishable under Sections
316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023
(“BNS”), on the report dated 03.04.2025 lodged by Mahesh Kishor
Babariya.

3.        The prosecution case is that, between 08.08.2022 and
30.06.2023, the applicant and her husband/Accused No.1
deceived the informant and other investors with him by making a
false representations that, if they invest their money in the


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SA_MANDAWGAD                                          913 BA 2301-2026.DOC



company of the applicant, they would get good profits, and
dishonestly induced the said investors to invest a total amount of
Rs.64,90,000/- in the company. However, both the accused did
not return that money nor the assured profit, thus, they cheated
the investors and misappropriated their money.

4.     Considering the submissions of the learned APP and the
material on record, I am of the view that there is a prima facie case
against the applicant of having cheated the investors and
misappropriated their money.

5.     However, record indicate that, out of the defrauded money,
total Rs.22,00,000/- to Rs.26,00,000/- are repaid to the
investors. The applicant was arrested on 16.10.2025. She was in
jail till 30.06.2026. Thereafter, she was on interim bail till
19.08.2026 as per the Order dated 23.06.2026 passed by this
Court. However, she could not comply with the interim bail
condition, i.e., to deposit Rs.11,00,000/- out of the defrauded
amount. Therefore, she surrendered to the Court. Till the date, the
applicant has undergone about 10 months of incarceration. The
investigation is over and, further detention of the applicant in jail
will not serve any purpose. The offence is triable by Magistrate.
The applicant has no criminal antecedents. She is not likely to
abscond and tamper with the prosecution evidence.

6.     In the wake of above, I am inclined to release the applicant
on bail. Hence, the following Order:

      (i)      The applicant- Jyoti w/o Devshi Bagda be released on
               bail in connection with C.C. No.1442/PW/2025,
               pending before the learned Judicial Magistrate, First

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SA_MANDAWGAD                                                913 BA 2301-2026.DOC



               Class, Vikhroli, District Mumbai, arising out of Crime
               No.153 of 2025, registered with Nehru Nagar Police
               Station, on her executing P.R. Bond in the sum of
               Rs.1,00,000/- with one or two sureties in the like
               amount.

      (ii) The applicant shall mark her attendance at Nehru
               Nagar Police Station, District Mumbai, on 1st day of a
               month, every three months, between 11:00 a.m. to 2:00
               p.m., till conclusion of the trial.

      (iii) The applicant shall regularly attend the proceedings
               before the jurisdictional Court unless exempted by the
               said Court, for the reasons to be recorded in writing.

      (iv) The applicant shall not tamper with the prosecution
               evidence and shall not directly or indirectly influence
               the prosecution witnesses to prevent them from
               deposing against her.

      (v) On being released from jail, the applicant shall furnish
               her contact number and residential address to the
               Investigating Officer and shall keep him updated in
               case there is any change.

      (vi) The applicant shall not indulge in identical activities for
               which she has been arraigned in this case.

      (vii) It is clarified that any observation made in the present
               Order are for the purpose of deciding the present Bail
               Application. The trial Court shall decide the said case


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                       SA_MANDAWGAD                                            913 BA 2301-2026.DOC



                                      without getting influenced by any of the said
                                      observations.

                       7.     Bail Application stands disposed of in aforesaid terms.

                       8.     As a result, Interim Application No. 2614 of 2026 does not
                       survive for consideration and stands disposed of.




                                                                    (SHYAM C. CHANDAK, J.)




          Digitally
          signed by
          SANJAY
SANJAY    ASARAM
ASARAM    MANDAWGAD
MANDAWGAD Date:
          2026.10.08
          14:57:30
          +0530
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