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2026 DAILYLAW 12614 (BOM)

SAGAR SHIVAJI DHAPATE AND ANR v. THE STATE OF MAHARASHTRA

ABA/2743/2026 · 2026-09-30

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Judgment text

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934-ABA-2743-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2743 OF 2026 Sagar Shivaji Dhapate & Anr. …Applicants Versus The State of Maharashtra …Respondent Mr. Ganesh Bhujbal, for the Applicant. Mrs. M. R. Tidke, APP, for the Respondent-State. Mr D. N. Doiphode, Police Hawaldar, attached to Walchandnagar Police Station, Pune, present. CORAM: MADHAV J. JAMDAR, J. DATED : 30th SEPTEMBER 2026 PC:- 1. Heard Mr. Bhujbal, learned Counsel appearing for the Applicant and Mrs. Tikde, learned APP appearing for the Respondent-State. 2. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail in connection with C.R. No.188 of 2026 registered with Walchandnagar Police Station, Pune Rural, Pune, for the offences punishable under Sections 25 and 4 of the Arms Act, 1959 and Page 1 Sonali 934-ABA-2743-2026.DOC Sections 118(1), 190, 189(4), 126(2) and 191(3) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”). 3. The relevant details are as under: 1. Name and Age of the Applicants 1. Sagar Shivaji Dhapate Age 34 yrs. 2. Avinash Mahindra Chavan Age 27 yrs. 2. C.R. No. 188 of 2026 3. Police Station Walchandnagar 4. Date of Incident 10/06/2026 5. Date of Registration of F.I.R. 10/06/2026 6. Sections applied in F.I.R. Sections 25 and 4 of the Arms Act, 1959 and 118(1), 190, 189(4), 126(2), 191(3) of the BNS. 7. Date of Arrest of Applicant - 8. Date of filing of Charge-sheet, if any. - 9. Sections applied in Charge-sheet - 10. Any Special Statute invoked - 11. Total number & Age of Deceased/Victim One Victim aged 47 yrs. 12. Total Number of Accused Six 13. Anticipatory Bail/Regular Bail granted to any other Accused The main accused No.1 is enlarged on regular bail by the Trial Court. 4. The prosecution case is set out in paragraph No.2 of the order dated 22nd September 2026, passed by the learned Page 2 Sonali 934-ABA-2743-2026.DOC Additional Sessions Judge, Indapur, District- Pune, in Criminal Bail Application No.171 of 2026, which reads as under: “2. The brief facts, which led to the filing of the FIR can be summarized as under - That on 10.06.2026 informant Sanjay Gawade lodged the FIR with Walchandnagar Police Station alleging that on 09.06.2026, dog of Akash Gawade had took bite to his dog. When the same was questioned, Akash Gawade abused & threatened him to kill. On 10.06.2026, around 08.00 am, while he was proceeding by his motorcycle, Akash Gawade, Sagar Dhapate, Avinash Jadhav, Dada Chougule & other two unknown persons came there by their two motorcycles & intercepted his motorcycle. He was encircled by them. Akash Gawade abused & gave strokes of Koyta on his right hand whereby, he sustained bleeding injury. He rushed to the hospital where, doctor informed him that his right hand was fractured & advised operation. Making such allegations, he lodged FIR in the Walchandnagar Police Station. Accordingly, C. R. No. 188/2026 came to be registered at Walchandnagar Police Station. During the course of investigation Akash came to be arrested and therefore, applicants apprehend their arrest in the present crime and therefore, they are seeking protection by way of anticipatory bail.” 5. Even as per the prosecution case, the incident has taken place concerning fights between two dogs. As far as the present Page 3 Sonali 934-ABA-2743-2026.DOC Applicants are concerned, there are no criminal antecedents against them. 6. Accordingly, 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 Applicants-Sagar Shivaji Dhapate and Avinash Mahindra Chavan in connection with C.R. No.188 of 2026 registered with the Walchandnagar Police Station, Pune Rural, Pune, the Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.10,000/- each with one or two solvent sureties each in the like amount. (b) The Applicants shall attend the concerned Police Station as and when called by the Investigating Officer and shall cooperate with the investigation. (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 Page 4 Sonali 934-ABA-2743-2026.DOC 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. 7. The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 5 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.09.30 17:56:26 +0530