1 14. ABA 727 of 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.727 OF 2026 RAJAL W/O MOHIT VED VERSUS STATE OF MAHARASHTRA THR PSO. PS TAHSIL, NAGPUR Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. G.S. Gour, Advocate for Applicant. Ms. S.S. Dhote, APP for Non-Applicant No.1-State. Ms. R.M. Khapekar, Advocate for Informant. CORAM : M.M. NERLIKAR, J. DATED : 29th SEPTEMBER 2026 PER COURT :- 1. Heard learned Counsel for the applicant and learned Counsel appearing for the informant as well as learned APP for the State. 2. Apprehending arrest, the applicant has approached this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), for grant of anticipatory bail, in connection with Crime No.339 of 2026, registered with Police Station Tahsil, Nagpur City, for the offences punishable under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 3. The brief facts of the case are that the informant is carrying the business of ready made garments in the name and style of 2026:BHC-NAG:12978 2 14. ABA 727 of 2026.odt “Alpha Apparels” at Nagpur. The applicant is a businesswoman carrying a travel business named and styled “Creative Travels”. The applicant used to visit the shop of the informant and therefore, an acquaintance developed between them. In the month of April 2024, the applicant told the informant that she was in need of money for her business and assured him that if he paid substantial amount to her, she will return the amount with profit. Therefore, on the assurance of the applicant, the informant, on 21.03.2024, transferred an amount of Rs.5 Lakhs from the account of his wife. On 03.04.2024, the applicant returned the said amount with profit of Rs.20,000/- to the informant and accordingly, the applicant gained his trust. Thereafter, the applicant informed the informant that she is going to start the business of pre-purchase resort coupons and currency exchange and asked the informant to invest Rs.21 Lakhs in the said business. Accordingly, the informant transferred total amount of Rs.21 Lakhs in the bank account of the applicant. However, despite repeated demands, the said amount was not returned by the applicant except Rs.5 Lakhs. Hence, the present FIR. 4. Learned Counsel for the applicant submits that the transaction is of civil nature and the FIR was registered only to recover the amount. Therefore, this cannot be termed as a criminal case. He submits that though the informant had invested an amount 3 14. ABA 727 of 2026.odt of Rs.21 Lakhs in the business of the applicant, the applicant returned Rs.5 Lakhs to him. Under such circumstances, he submits that the applicant had no intention to cheat the informant and therefore, considering the nature of allegations, the applicant deserves to be granted anticipatory bail. 5. On the other hand, learned APP for the State and learned Counsel appearing for the informant, vehemently opposed the application and submitted that initially the informant was asked by the applicant to invest in her business of Creative Travels and accordingly, the informant invested Rs.5 Lakhs in the said business, which were returned with a profit of Rs.20,000/-. Thereby, the applicant gained trust of the informant. They submitted that, thereafter, again in order to start a new business of pre-purchase resort coupons and currency exchange, the informant was asked by the applicant to invest Rs.21 Lakhs in the said business. Accordingly, on 14.06.2024 and on 12.07.2024, the informant, from two different bank accounts, transferred the amount of Rs.21 Lakhs in the account of the applicant. However, after considerable time, as there was no return or no communication by the applicant, the informant insisted the applicant to return the said amount. Out of which, after persuasion, Rs.5 Lakhs was returned by the applicant. 4 14. ABA 727 of 2026.odt 6. Learned APP and learned Counsel further submitted that there are two crimes registered against the applicant making similar allegations. Not only that, one of the victim committed suicide due to the act of the applicant and therefore, an offence under Section 306 of IPC was also registered against her. So also, an offence bearing Crime No.74/2023, under Section 420 and 406 of IPC was also registered against the applicant. They further submitted that in all these three crimes, identical allegations have been made against the applicant and in one of the crime i.e. Crime No.88 of 2023, even proclamation was issued against the applicant. Under such circumstances, considering the conduct of the applicant, the applicant does not deserve to be granted anticipatory bail. 7. Upon perusal of the first information report, initially the applicant gained trust of the informant as she had returned his invested amount along with profit in the business and thereafter, under the garb of starting a new business, the applicant extracted an amount of Rs.21 Lakhs from the informant. Upon perusal of the first information report, it appears that out of Rs.21 Lakhs, after great persuasion, the applicant returned only Rs.5 Lakhs to the informant, however, remaining amount was not returned. 5 14. ABA 727 of 2026.odt 8. The allegation seems to be serious in nature, that under the garb of investment, the applicant extracted the amount from the informant. Further, it is necessary to be noted that not only the informant, the applicant has duped other persons also and therefore, two other crimes are registered against him i.e. 1) Crime No.74 of 2023, under Section 420 and 406 of IPC, wherein similar allegations are made and 2) Crime No.88 of 2023, under Section 306 of IPC, wherein the applicant has duped a person and the said person has committed suicide. Further, in Crime No.88 of 2023, the applicant was declared as a proclaimed offender. Under such circumstances, considering the nature of allegations against the applicant, the entire conduct and that the applicant seems to be a habitual offender committing similar types of offence, I am not inclined to grant any relief to the applicant. Hence, the present application is rejected. 9. Pending applications, if any, stand disposed of. (M.M. NERLIKAR, J.) asd