Bombay High Court
MONALI HARISH DIXITversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The Court held that the applicant merits bail and allowed both bail applications with conditions.
Summary
Monali Harish Dixit, accused No.3, filed two bail applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for separate FIRs (CR No. 16 of 2011 and CR No. 100 of 2011) involving offences under IPC sections 406, 409, 420, 34 and the Maharashtra Protection of Interest of Depositors Act, 1999. She had been in custody for 15 months, was a sleeping director of a company headed by her husband (the principal accused), and had received Rs. 4 lakhs in her personal account. The State argued her alleged complicity, while the applicant highlighted her gender, the fact that she was a beneficiary of only Rs. 4 lakhs, her minor daughter’s education, and elderly parents’ dependence. The Court, after considering the prima facie facts and her personal circumstances, concluded that she deserved bail and granted both applications with a set of conditions, including a personal bond, monthly reporting, and non‑tampering with witnesses. The bail orders were issued and the applications disposed.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the alleged offences.
- Whether the alleged receipt of Rs. 4 lakhs and alleged complicity as a sleeping director preclude bail.
- Whether the applicant’s personal circumstances (gender, minor child, elderly parents) warrant the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 34, 406, 409, 420
- Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 — s. 3, 4
Subjects
- bail
- Section 483
- BNSS 2023
- IPC offences
- financial fraud
- director liability
- gender considerations
- family circumstances
- bail conditions
Judgment
53. BA-2835-26 & 54. BA-2836-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2835 OF 2026
Monali Harish Dixit Applicant
.. (Accused No. 3)
Versus
State of Maharashtra .. Respondent
WITH
BAIL APPLICATION NO. 2836 OF 2026
Monali Harish Dixit Applicant
.. (Accused No. 3)
Versus
State of Maharashtra .. Respondent
....................
Mr. Tabish Mooman a/w Mr. Nadeem Khan i/by S.N. Khan,
Advocates for Applicant in BA 2835/26
Mr. Tabish Mooman a/w Mr. Raghav Shrivatsa, Advocates for
Applicant in BA 2836/26
Mr. Yogesh M. Nakhwa, APP for State
Ms. Sarika Pimpare (IO), PI, CID, Nashik
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 23, 2026
P. C.:
1. Heard Mr. Mooman, learned Advocate for Applicant and Mr.
Nakhwa, learned APP for State.
2. The above captioned two Bail Applications filed by the same
accused who is the Applicant before me but in the separate crime.
1 of 5
53. BA-2835-26 & 54. BA-2836-26.odt
3. Bail Application No. 2835 of 2026 is filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection
with C.R. No. 16 of 2011 registered with the Deolali Camp Police
Station for the offences punishable under Sections 409, 420 read with
34 of the Indian Penal Code, 1860 (for short "IPC") and Sections 3 & 4
of the Maharashtra Protection of Interest of Depositors (in Financial
Establishments) Act, 1999.
4. Bail Application No. 2836 of 2026 is filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection
with C.R. No. 100 of 2011 registered with the Malegaon Taluka Police
Station, District Nashik for the offences punishable under Sections
406, 409 & 420 read with 34 of the Indian Penal Code, 1860 (for short
"IPC") and Sections 3 & 4 of the Maharashtra Protection of Interest of
Depositors (in Financial Establishments) Act, 1999.
5. In all, six crimes have been registered out of which in four
crimes, the Applicant has been granted anticipatory bail. In the present
crimes, the Applicant has been incarcerated for the past 15 months.
6. On the previous date i.e. on 10.09.2026, this Court after hearing
Mr. Shrivatsa, learned Advocate appearing for Applicant had passed a
specific direction to the extent of showing the complicity of the
Applicant in the present crime, and more specifically, confirm as per
2 of 5
53. BA-2835-26 & 54. BA-2836-26.odt
the prosecution case that she had received Rs. 4 Lakhs in her personal
account.
7. Learned APP has persuaded me to consider that notwithstanding
the fact that the Applicant had received only 4 Lakhs in her personal
account but the Applicant was a director of the Company which was
headed by her husband and had collected substantial investments.
There is no denial of the fact that insofar as the Applicant's personal
account is concerned, she was a beneficiary of only up to Rs. 4 Lakhs.
Admittedly, the record shows that the Applicant was a sleeping
director of the Company and all decisions were taken by her husband
who is the principal accused in the present case. Applicant is a woman.
She already has undergone incarceration for more than 15 months.
She has a minor daughter who is 16 years old and recently passed her
10th standard to whom she is required to provide care and support
along with her elderly parent. The affidavit to that extent has been
filed which is dated 16.09.2026. I have considered the same.
8. In view of my aforesaid prima facie observations, I am of the
opinion that the Applicant deserves to be enlarged on bail. Hence,
present Application is allowed on the following terms and conditions:-
(i) Applicant is directed to be immediately released on bail
from prison in connection with C.R. No. 16 of 2011
3 of 5
53. BA-2835-26 & 54. BA-2836-26.odt
registered with Deolali Camp Police Station, District
Nashik and C.R. No. 100 of 2011 registered with
Malegaon Taluka Police Station, District Nashik
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen
Thousand only) i.e. Rs. 7500/- in each C.R. Number
with one or two sureties in the like amount;
(iii) Applicant shall report to the Investigating Officer at
Deolali Camp Police Station once every month on the
first Saturday of the month between 10:00 a.m. to
12:00 p.m.;
(iv) Applicant shall report to the Investigating Officer at
Malegaon Taluka Police Station once every month on
the first Sunday of the month between 10:00 a.m. to
12:00 p.m.;
(v) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
exempted and will not take any unnecessary
adjournments, if he does so it will entitle the
prosecution to apply for revocation of this order;
(vi) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
4 of 5
53. BA-2835-26 & 54. BA-2836-26.odt
(vii) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(viii)Applicant shall keep the Investigating Officer informed
of her current address and mobile contact number
and / or change of residence or mobile details, if any,
from time to time, as applicable; and
(ix) Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
9. Needless to state that the above observations will not come in
the way of trial as they are prima facie in nature based on the
submissions made and the material placed before this Court.
10. Both the Bail Applications are allowed and disposed of in the
above terms.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally
signed by
RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.09.23
14:42:35
+0530
5 of 5
Checking your session…