Order 030926ba1122.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 1122 OF 2026. 1.Priya Mileshwar Giripunje 2.Swati Santosh Chaudhari -VERSUS- The State of Maharashtra. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri A.S. Manohar, Advocate for Applicants. Shri H.R. Dhumale, A.P.P. for the Non-applicant/State. Shri A.A. Kathane, Advocate Assisting Prosecution. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 03, 2026. Criminal Application No. /2026. The learned Counsel assisting prosecution has tendered this application across the Bar seeking permission to assist the prosecution. 2. Other side has no objection for allowing the said application. Hence, for the reasons stated therein, the Criminal Application is allowed and disposed of. ….. Rgd. 2026:BHC-NAG:11752 Order 030926ba1122.26 2 Heard. 2. The applicant came to be arrested in connection with Crime No.491/2026 registered with Gondia City Police Station, Gondia for the offences punishable under Sections 3[5], 316[2], 316[4], 318[2], 318[4] and 344 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The first information report was lodged by Dr. Manisha Mishra, owner of Dr.Manisha Mishra Pathology Lab, at Gondia and in Nagpur alleging that the payments were accepted via QR Code and cash from the patients for the services by applicants who were employed as receptionists in the said Lab. However, informant noticed decrease in the income from the Lab at Gondia, and therefore, scrutiny was undertaken, during which it was found that there are discrepancies in deposit of online amounts from April 2025 to May 2026, therefore, it is alleged that applicants had misappropriated an amount of Rs.34,41,014/-, hence, the report. 4. The learned Counsel appearing for the applicants submit that applicants are in jail since 11.07.2025 and Rgd. Order 030926ba1122.26 3 10.07.2025 respectively. The maximum punishment provided for the charged offences is 7 years. He contended that even if the allegations are taken as it is, considering the fact that investigation is over, no purpose would be served by keeping them in jail and also the fact that the applicants being women, are entitled to be released on bail. 5. On the other hand, learned A.P.P. and the learned Counsel Assisting Prosecution vehemently opposed the application and submitted that there is more than sufficient material against the applicants. They submit that the patients who have deposited amount in cash with the applicants, those were not credited in the account maintained by the laboratory. They submit that applicants used innovative of developing online receipts through AI mode, which then were posted on the whatsapp group created by them and Doctor named “Vishwas Group”. Therefore, considering the seriousness of the allegations against the applicants, that they have duped the Laboratory for more than Rs.34 lakhs, in such circumstances they are not entitled to be released on bail. They further submit that statements of employees of the laboratory shows Rgd. Order 030926ba1122.26 4 that the applicants were spending huge amounts on their life style. They further submit that the provisions of Section 338 of the BNS has been invoked, except against the applicants. Though the maximum punishment provided is of 7 years, that by itself is not sufficient as the offence is serious and more specifically when the case relates to misappropriation of huge amount. Therefore they prayed for rejection of the application. 6. I have considered the rival submissions of the parties and gone through the record. Both applicants are women aged 22 and 24 years. It appears from the record that there is prima facie material against them, however, the fact remains that now the investigation is almost complete and all papers of investigation are sent for scrutiny to the competent Authority. That both the applicants are in jail since July 2026. It is also to be noted that the applicants were arrested, PCR was taken and after thorough interrogation, they were sent to Magisterial custody. Therefore, even if it is presumed that applicants have committed the alleged offences, the maximum punishment is of 7 years.Thus, considering the above facts and Rgd. Order 030926ba1122.26 5 circumstances, since the applicants are women and the maximum punishment provided, I am of the opinion that no purpose would be served by keeping them behind bars, therefore, bail is granted to them, hence, the following order. ORDER (i) Criminal Application is allowed and disposed of. (ii) Applicants /accused Priya Mileshwar Giripunje and Swati Santosh Chaudhari be released on regular bail in connection with Crime No491/2026 registered with Gondia City Police Station, Gondia for the offences punishable under Sections 3[5], 316[2], 316[4], 318[2], 318[4] and 344 of the Bharatiya Nyaya Sanhita, 2023 (BNS) on their furnishing P.R. Bond of Rs.50,000/- with two sureties each in the like amount. (iii) The accused shall not enter within the territorial jurisdiction where the informant is residing, till the completion of the trial. (iv) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. (v) The accused shall provide their residential Rgd. Order 030926ba1122.26 6 address and cell number to Police Station concerned and shall not change their place of residence without prior intimation to the Investigating Agency. (vi) The accused shall attend each and every date of trial regularly. If they fail to attend the trial for even a single date, or fails to comply with the aforesaid conditions, their default would entail the State to ask for cancellation of bail. (vii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial. (viii) Misc. Applications, if any, are also disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 05/09/2026 11:22:10