Sameer Dadaram Kokane And ORS v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.448 OF 2026 Sameer Dadaram Kokane & Ors.

...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. Satyam Harshad Nimbalkar i/b. Mr. Abhishek Ulhas Arote, for the Applicant.

Ms. G. P. Mulekar, APP, for the Respondent-State.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

17th FEBRUARY 2026 PC:- 1.

Heard Mr. Nimbalkar, learned Counsel appearing for the Applicant and Ms. Mulekar, learned APP appearing for the Respondent-State.

2.

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.915 of 2025 registered with Indapur Police Station, Pune Rural, Pune, for the offences punishable under Sections 115(2), 119(1), 189(2), 190, 191(2), 191(3), 324(1),

351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023 ("the BNS").

3.

The prosecution case is set out in paragraph No.2 of the order dated 9th February 2025 passed by the learned Additional Sessions Judge, Indapur, District -Pune in Criminal Bail Application No.389 of 2025, which reads as under:

"2. The brief facts, which led to the filing of FIR can be summarized, as under - The FIR dated 14.12.2025 came to be lodged at Indapur Police Station by informant Amol Kokane alleging that on that day, his cousin Akash asked him to come to the field as there was possibility of quarrel. Accordingly, he went towards the land where present applicants Pandurang, Santosh, Sachin, Samir, Sakharam and Sandesh and their associates were present and were armed with iron rod, sticks and chilly powder. Associate Dadaram threw chilly powder in the eyes of Akash and snatched gold chain from his neck. Applicants Sachin and Pandurang caught-hold of Vikas and applicants Santosh gave strokes of iron rod on the head of Vikas. Similarly, applicant Pandurang took bite to the neck of Vikash.

Applicant Samir gave strokes of sticks on his head and applicant Sandesh asaulted him by stick. Similarly applicant Santosh hit a stone on the back of Akash. When his father Popat rushed forward, he was assaulted by applicant Sakharam by means of stick and applicant Pandurang took bite on the shoulder of his father. They all abused and threatened to kill and left the spot.

injuries and therefore, they rushed to the police station for lodging FIR. Vikas was admitted in the hospital. Making such allegations, the FIR came to be lodged and accordingly crime came to be registered."

4.

It is the submission of Mr. Nimbalkar, learned Counsel appearing for the Applicants that the First Informant and the Applicants are close relatives and there is dispute between them regarding ancestral land. There are civil disputes and various complaints and cross-complaints have been filed against each other. He submits that even as far as the subject FIR is concerned, there is cross FIR filed by the present Applicant being C.R. No.916 of 2025. He submits that except the offence under Section 119(1) of the BNS, other offences are bailable offences. He submits that even perusal of the FIR shows that there is no allegations regarding extortion and therefore, offence under Section 119(1) of the BNS is not made out. He submits that in fact, the Applicant No.3 has suffered fracture in the incident in question. He therefore, submits that the pre-arrest bail be granted.

5.

On the other hand, Ms. Mulekar, learned APP appearing for the Respondent-State strongly opposes the Anticipatory Bail Application. She submits that there are three antecedents against

the Applicants. The offence is very serious and the Applicants have used chilly powder, iron rod and sickle in the incident in question. She therefore, submits that the Anticipatory Bail Application be rejected.

6.

Perusal of the record shows that this is case of cross FIR, the Applicant No.3 has suffered fracture and grievous injuries. The civil suit filed by the Applicants against the First Informant and his family member is pending.

7.

Thus, in the facts and circumstances, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant No.1-Sameer Dadaram Kokane, the Applicant No.2-Pandurang Sakharam Kokane, the Applicant No.3- Santosh Bhimrao Mind, the Applicant No.4-Sachin Sakharam Kokane, the Applicant No.5-Sakharam Bhagwan Kokane and the Applicant No.6-Sandesh Dadaram Kokane in connection with C.R. No.915 of 2025

registered with the Indapur Police Station, DistrictPune, the Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.25,000/- with one or two solvent sureties each in the like amount.

(b) The Applicants shall attend the Indapur Police Station, District - Pune, on every Sunday between 11:00 a.m. to 02:00 p.m. till filing of the chargesheet and shall cooperate with the investigation. In addition, the Applicants shall attend the concerned Police Station as and when called.

(c) The Applicants shall furnish their cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(d) The Applicants 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.

(e) The Applicants 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 disposed of accordingly. [MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2026.02.18 10:10:53 +0530 SONALI MILIND PATIL