The court granted bail based on the applicant's prolonged incarceration, health issues, and the nature of allegations indicating a civil dispute rather than a criminal one.

JUDGMENT :

(MANISH PITALE, J.)

1. Heard learned counsel for the applicant and the learned APP for the respondent-State.

2. The applicant is seeking bail as she was taken into custody in March 2022, in connection with FIR No.273 of 2018 dated 23.05.2018, registered at Powai Police Station, Mumbai, for offences under Sections 420, 418, 423 and 406 read with Section 34 of the Indian Penal Code, 1860 (IPC). She surrendered after her application for anticipatory bail was rejected by this Court by order dated 08.12.2021.

3. The learned counsel for the applicant submitted that although the informant in the present case, has alleged that he was duped by the applicant, by promising to arrange for a loan of huge amount and in that process, took substantial amount from the informant, the real dispute between the applicant and the informant can be said to be arising from business transactions. It is submitted that although there was no formal partnership deed executed in the present case, the informant had associated with the applicant with regard to certain business interests and in that context, allegations and counter-allegations were made.

4. Specific attention of this Court is invited to a complaint dated 05.02.2018 submitted by the applicant to the Joint Commissioner of Police, Mumbai, making specific allegations against the informant, with regard to the manner in which he and others had defrauded and maligned her, in the backdrop of the business transactions between them. It was indicated that the applicant had paid certain amounts to individuals, who had raised grievance against her and others even in the State of Gujarat and according to her, since she had paid amounts to get rid of such criminal proceedings, the informant was encouraged to cause the FIR to be registered.

5. It was further submitted that in the present case, the applicant has suffered incarceration for a period of more than 2 years and 9 months. Being a woman suffering from ailments, details of which were taken note of by this Court in the order dated 28.11.2024, it was submitted that this Court may show indulgence and allow the present application. As regards the criminal antecedents upon which the learned APP has placed reliance, it was explained that the 11 FIRs in which the applicant had been arraigned as an accused, arose from such business transactions and that there is material to indicate that even the applicant has suffered substantial financial loss due to which she had also sought to initiate criminal proceedings against the informant and others. It is further brought to the notice of this Court that some of the FIRs were quashed, when the applicant paid amounts to the aggrieved parties, thereby indicating that essentially, the dispute could be said to be of civil/commercial nature.

6. The learned APP, on the other hand, relied upon the statement of the informant, leading to registration of FIR, to contend that the ingredients of the alleged offences are clearly made out against the applicant. It is submitted that this Court, while rejecting the anticipatory bail application of the applicant, in the order dated 08.12.2021, specifically recorded the details of the 11 FIRs in which the applicant had been arraigned as an accused. It is submitted that this indicates the propensity of the applicant of committing such offence of cheating and that since she is originally a resident of West Bengal, it can be said that she is a flight-risk.

7. This Court has considered the rival submissions. The material on record has been perused and this Court is inclined to allow the application for the following reasons:

(a) The applicant is a woman and she is suffering from specific health conditions. Although this Court, in the order dated 28.11.2024, found that bail could not be granted to the applicant only on medical ground, but the medical report submitted by J. J. Group of Hospitals was taken note of, which indicates that the applicant suffers from specific health conditions