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2026 DAILYLAW 14250 (BOM)

KIRAN SATYAPPA GOPHANE v. STATE OF MAHARASHTRA

ABA/2226/2026 · 2026-10-05

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

38-ABA-2226-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2226 OF 2026 Kiran Satyappa Gophane …Applicant Versus The State of Maharashtra …Respondent Mr. Prashant Hagare a/w. Ms. Ekta Patil, for the Applicant. Mr. P. P. Jadhav, APP, for the Respondent-State. CORAM: MADHAV J. JAMDAR, J. DATED : 5th OCTOBER 2026 PC:- 1. Heard Mr. Hagare, learned Counsel appearing for the Applicant and Mr. Jadhav, 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.273 of 2026 registered with Indapur Police Station, Pune Rural, Pune, for the offences punishable under Sections 115(2), 125, 132, 189(2), 190, 191(2), 191(3), 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”). Page 1 Sonali 38-ABA-2226-2026.DOC 3. It is the contention of learned Counsel appearing for the Applicant that all the offences, except the offence under Section 132 of the BNS, are bailable. He submits that under Section 132 of the BNS, the maximum punishment is two years. He submits that the incident as recorded in the FIR is an exaggerated version. He submits that the Applicant went to the police station to help the family of Snehal Satpute, whose father was a friend of the Applicant and had passed away. He submits that there is a land dispute between Satpute family and Shinde family. As the police were not lodging the FIR at the instance of Satpute family against the members of Shinde family, therefore, the Applicant requested the police to lodge the said FIR. He submitted that in fact, the said Satpute family had to approach the Superintendent of Police and thereafter, the FIR has been registered. 4. On the other hand, Mr. Jadhav, learned APP strongly opposes the Anticipatory Bail Application. He submits that the offence is very serious, where the Applicant has tried to deter the public servants from discharging their duties and therefore, the Anticipatory Bail Application be rejected. Page 2 Sonali 38-ABA-2226-2026.DOC 5. The prosecution case is set out in paragraph No.2 of the order dated 23rd July 2026, passed by the learned Additional Sessions Judge, Indapur, District- Pune, in Criminal Bail Application No.137 of 2026, which reads as under: “2. The brief facts, which led to the registration of the FIR can be summarized as under- That on 09.05.2026, informant Kishori Bidve, a lady police Head Constable lodged the FIR with Indapur police station alleging that on 09.05.2026, she along with the other police persons were present in the police station. Around 3.30 p.m., a lady by name Snehal Satpute alongwith her family members came to police station for lodging the FIR. She was asked to come inside the police station and her associates were asked to sit on the bench, outside the police station. While police constable Shelke was recording FIR of Snehal Satpute, a person by name Kiran Gophne came there, took Snehal outside the police station and immediately Kiran Gophne and his six associates came inside the police station and started a noisy disturbance / heated argument and also blamed the police as corrupt. While he was asked to keep quiet, he started videography by use of mobile phone and meanwhile Snehal Satpute took out from the bag, an inflammable liquid and poured the same on her body. Her associates also poured the said liquid on their body. When the police persons rushed forward to save their lives and to take away the bottle, they were abused & pushed. They threatened by saying that “today we have poured on our body, tomorrow we will pour the same on the body of police persons and set fire. Kiran Gophne threatened by saying that “ Page 3 Sonali 38-ABA-2226-2026.DOC tomorrow also we will come and set on fire the police station". On hearing the ruckus, PI Nale came there and tried to pacify them but he was shown arrogant behavior. Making such allegations, she lodged the FIR and accordingly crime as above came to be registered. The applicant apprehends his arrest in the present crime and therefore, he is seeking protection by way of anticipatory bail.” 6. Even as per the prosecution case, heated arguments took place concerning the issue of lodging of the FIR. It is the submission of learned Counsel appearing for the Applicant that an exaggerated version is mentioned in the FIR. In any case, except offence under Section 132 of the BNS, other offences are bailable offences. As far as Section 132 of the BNS is concerned, the maximum punishment is two years. There are no other antecedents against the Applicant, except the offence registered by said Shinde. 7. 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 Applicant-Kiran Satyappa Gophane in connection with C.R. No.273 of 2026 Page 4 Sonali 38-ABA-2226-2026.DOC registered with the Indiapur Police Station, Pune Rural, Pune, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.30,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the concerned Police Station on 12th October 2026 and 13th October 2026 between 11:00 a.m. to 02:00 p.m. and shall cooperate with the investigation. Thereafter, the Applicant shall attend the concerned Police Station as and when called by the Investigating Officer. (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. Page 5 Sonali 38-ABA-2226-2026.DOC (e) 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 disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 6 Sonali