Dadaram Bhagwan Kokane v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.463 OF 2026 ARJUN VITTHAL KUDHEKAR Dadaram Bhagwan Kokane ...Applicant

Versus

The State of Maharashtra

...Respondent

ARJUN VITTHAL KUDHEKAR Date: 2026.02.26 22:11:34 +0530 Mr. Satyam Harshad Nimbalkar a/w Abhishek Ulhas Arote, for the Applicant.

Ms. R. V. Newton, APP, for the Respondent-State.

CORAM:

MADHAV J. JAMDAR, J.

DATED:

26 FEBRUARY 2026 PC:- 1.

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

2.

This Application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with CR No.915 of 2025 registered with Indapur Police Station, Pune Rural, 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 ("BNS").

3.

Mr. Nimbalkar, learned Counsel for the Applicant, states that the dispute is of civil nature. He submits that there are a total of 7 Accused and that all other Co-Accused have been granted anticipatory bail by Order dated 17th February 2026 passed by this Court in Anticipatory Bail Application No.448 of 2026. 4.

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. In the incident, he and his brother Vikas sustained bleeding injuries and other sustained 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."

5.

It is the submission of Mr. Nimbalkar, learned Counsel appearing for the Applicant that the First Informant and the Applicant 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 Co-Accused 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 Co-Accused has suffered fracture in the incident in question. He therefore, submits that the pre-arrest bail be granted.

6.

On the other hand, Ms. Newton, learned APP for the Respondent-State strongly opposes the Anticipatory Bail Application. She submits that the offence is very serious and the Applicant and other Co-Accused have used chilly powder, iron rod and sickle in the incident in question. She, therefore, submits that the Anticipatory Bail Application be rejected. 7.

Perusal of the record shows that this is a case of Cross-FIR. The Co-Accused has suffered fracture and grievous injuries. The Civil Suit filed by the Co-Accused against the First Informant and his family members is pending.

8.

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 - Dadaram Bhagwan Kokane, in connection with CR No.915 of 2025 registered with the Indapur Police Station, Pune Rural, he be released on bail on his furnishing PR Bond in the sum of Rs.25,000/- with one or two solvent sureties each in the like amount.

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

(c) 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.

(d) 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.

(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

9.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.]