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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

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.




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                                          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



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                                           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



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                                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;


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                               (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




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