Bombay High Court
KAJAL TEJAS CHUDASAMAversusTHE STATE OF GOA (THR THE OFFICE OF THE PUBLIC PROSECUTOR) AND ANR
- Disposal
- Rejected
Holding
Pre‑arrest bail was denied as the applicant failed to cooperate with the investigation and was implicated as a partner in the fraudulent scheme.
Summary
The High Court of Bombay at Goa considered a pre‑arrest bail application filed by Kajal Tejas Chudasama, accused No.8 in a financial fraud case involving Bio Estate Solutions Pvt. Ltd. and related schemes such as COW Coin and Cinema on Web (B‑2). The offences alleged include criminal breach of trust, cheating, conspiracy and violations of the Goa Protection of Interests of Depositors (In Financial Establishments) Act. The applicant contended she was falsely implicated, had no involvement with the company, and was a mother of a minor, while the prosecution argued she was a joint account holder in a Rs 15‑crore transaction and had evaded custodial interrogation despite being marked as absconding. The Court examined the investigation records, noting her partnership in COW Coin and her failure to cooperate with notices under Section 35(3) of the BNSS, 2023. Concluding that her non‑cooperation and alleged participation in the money trail negated the grounds for bail, the Court rejected the pre‑arrest bail application.
Issues considered
- Whether a pre‑arrest bail can be granted to an accused marked as absconding and alleged to be a partner in a financial fraud scheme.
- Whether the applicant’s failure to cooperate with custodial interrogation and notice under Section 35(3) of BNSS, 2023, defeats the presumption of innocence for bail purposes.
Legislation cited
- BNSS, 2023 — s. 35(3)
- Code of Criminal Procedure, 1973 — s. 82
- Goa Protection of Interests of Depositors (In Financial Establishments) Act, 1999 — s. 3, 5
- Indian Penal Code, 1860 — s. 120-B, 406, 409, 420
Subjects
- pre‑arrest bail
- financial fraud
- absconding
- custodial interrogation
- IPC
- GPID Act
- money laundering
- securities fraud
Judgment
2026:BHC-GOA:1879
(1) crmab-38-2026.odt
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL APPLICATION (BAIL) NO.38 OF 2026
KAJAL TEJAS CHUDASAMA
VERSUS
THE STATE OF GOA AND ANR.
…
Mr. Veerdhawal Deshmukh (through V.C.) with Mr. Sankalp Kamat
holding for Mr. Nihal Kamat, Advocates for Applicant.
Mr. Nikhil Vaze, Additional Public Prosecutor for State.
…
CORAM : S. G. CHAPALGAONKAR, J.
RESERVED ON : 16th SEPTEMBER, 2026.
PRONOUNCED ON : 22nd SEPTEMBER, 2026.
FINAL ORDER:-
1. The applicant seeks pre-arrest bail in connection with Crime
No.4/2025 dated 03.06.2025 registered with Economic Offences Cell
(EOC) Police Station, Porvoim, Goa for offences punishable under
Sections 406, 409, 420, 120-B of Indian Penal Code and Sections 3 and
5 of Goa Protection of Interests of Depositors (In Financial
Establishments) Act, 1999 (GPID Act).
2. The investigation was set in motion on the basis of information
given by Mr. Venan B. Dias. In short it is stated that prior to December
2024 “Bio Estate Solutions Private Limited” started its operation
through an office at Mapusa, Goa. The accused who were Directors of
said company induced informant and other investors to invest with
promise of exponential returns under different schemes like Land
(2) crmab-38-2026.odt
purchase, Pension Scheme, Biokkin and COW Coin under part of
Cinema on Web (B-2). The large number of investors, relying upon
promise by Directors, invested into aforesaid scheme. It was revealed
that Bio Estate Solutions Pvt. Ltd. was not registered with RBI and
NBFC and without permission they have accepted investments and
finally duped victims.
3. The investigation is completed and Charge-sheet No.1/2026 dated
17.03.2026 has been filed in Sessions Court at Goa. Accordingly,
Special Case No.1/2026 has been registered. The applicant is assigned
as accused no.8 and marked as absconding.
4. The applicant had moved application for pre-arrest bail before
Special Court vide ABA No.24/2026, which came to be rejected vide
order dated 25.02.2026. Hence, this application.
5. Mr. Deshmukh, learned Advocate appearing for applicant submits
that applicant has been falsely implicated in aforesaid crime. She is
unconcerned with Bio Estate Solutions Pvt. Ltd. or its Directors. She
never visited Goa or induced any investor nor she has signed any
Memorandum of Agreement. She has been implicated in aforesaid
crime on the basis of supplementary statement of informant being
partner of accused no.1 Shri. Shivaji Walake in Cinema on Web (B-2).
There is nothing to show that applicant has derived any benefit out of
transaction connected with crime. The investigation is completed. The
(3) crmab-38-2026.odt
applicant is lady having 15 years old minor daughter. Her custodial
interrogation is not necessary. Although applicant is shown as
absconding, no proceeding under Section 82 of Criminal Procedure
Code has been taken up.
6. Per contra, Mr. Vaze, learned Additional Public Prosecutor
vehemently opposes application. He submits that initially allegations in
complaint were in respect of Bio Estate Solutions Pvt. Ltd., however,
during investigation, money trail was found and huge amount was
diverted into Cinema on Web (B-2). The applicant is partner in COW
Coin. Her custodial interrogation would be necessary. She is
absconding and did not co-operate for investigation, when notice was
served upon her. He would, therefore, urge to reject application. In
support of his submissions he relies upon judgment of Supreme Court in
case of Balmukund Singh Gautam Vs. State of Madhya Pradesh and
Another1.
7. Having considered submissions advanced by learned Advocates
appearing for respective parties and on perusal of investigation papers
submitted for consideration of this Court, it can be observed that
although applicant is unconcerned with Bio Estate Solutions Pvt. Ltd.,
investment was procured from victims under four different schemes.
One of them was Cinema on Web (B-2). The applicant is found joint
account holder in name of Cinema on Web with Mr. Shivaji Wakale i.e.
1 (2026) 6 SCC 216.
(4) crmab-38-2026.odt
accused no.1. The account statement shows transaction of Rs.15 crores
during period from July 2021 to July 2024. Perusal of statement of
witnesses clearly suggests that huge investment was directed towards
COW Coin. She appears to be partner of accused no.1 in COW Coin.
As such, custodial interrogation of applicant would be necessary to find
out further money trail.
8. It is apparent that, applicant has avoided to co-operate with
investigation. She was served with notice under Section 35(3) of
BNSS, 2023. However, she did not appear before investigator. In such
circumstances, applicant cannot be given protection of pre-arrest bail.
9. In result, Criminal Application sans merit. Hence, rejected.
(S. G. CHAPALGAONKAR)
JUDGE
Devendra/September-2026
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