Ulhas Ghanshyam Dhabarde v. State Of Maharashtra Thr Nagpur City Cyber Ps , Nagpur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.171 OF 2026 Ramesh Sukdev Somwanshi ...Applicant
Versus
State of Maharashtra
...Respondent
Mr. Aditya Sawant a/w Mr. Chinmay K. Gunjal, for Applicant. Ms. S.M. Yadav, APP for the State.
CORAM:
MADHAV J. JAMDAR, J.
DATED :
19th January 2026 P.C.:
1.
Heard Mr. Sawant, learned Counsel appearing for the Applicant and Ms. Yadav, learned APP for the State. 2.
By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicant is seeking pre-arrest bail in connection with C.R. No.439 of 2025 registered with Chandwad Police Station, Nashik Rural, for the offences punishable under Sections 118(1), 352 and 351 (2) of the Bharatiya Nyaya Sanhita, 2023 ("BNS").
3.
The prosecution case is set out in paragraph No.2 of the Order dated 7th January 2026 passed by the learned Additional
Sessions Judge, Niphad in Criminal Bail Application No.434 of 2025, which reads as under :
" 2.
It is case of the prosecution as per First Information Report that according to the informant, on 16.11.2025 at about 5-00 p.m., he was cutting the grass on the divider of his agricultural land. He has taken fallow land of Balu Namdev Pawar which is adjoining to his agricultural land for grazing of cattle. His cousin brother, Ramesh Sukdev Somwanshi drove tractor from the said land to which informant objected. Because of the same, Ramesh Somawanshi got angry and he abused the informant and threatened him. Thereafter, he lifted iron spade and gave blow of the same to the informant on his head. Because of the same, informant collapsed on the ground. When Balu Somwanshi came to rescue the informant, accused abused him. Thereafter, informant was firstly shifted to Sub-District Hospital, Chandwad, thereafter to General Hospital, Malegaon and then to Mahajan Hospital, Malegaon and then to Dr. Vasantrao Pawar Hospital and College, Nashik where treatment is going on. Accordingly, F.I.R. is given."
4.
Mr. Sawant, learned Counsel for the Applicant submits that in the facts and circumstances and as the Applicant has no antecedents, the Anticipatory Bail Application be granted. 5.
On the other hand, Ms. Yadav, learned APP strongly opposes the Application, as the injuries are grievous in nature. 6.
Perusal of record shows that the incident has taken place on a spur of moment. There are no antecedents.
7.
Accordingly, by imposing conditions, case is made out for grant of Anticipatory to the Applicant. Hence, following Order is passed:
O R D E R
(i) In the event of arrest, the Applicant - Ramesh Sukdev Somwanshi be released on bail in C.R. No.439 of 2025 registered with Chandwad Police Station, Nashik Rural, on executing P.R. bond of Rs.25,000/- and furnishing one or two sureties in the like amount. (ii) The Applicant shall attend the concerned Police Station as and when called by the Police and shall cooperate with the investigation. (iii) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.
(iv) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.
(v) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant, or any witness, in any manner.
8.
The Anticipatory Bail Application is allowed and disposed of accordingly.
(MADHAV J. JAMDAR, J.)