913 ABA-2196-2026.DOC skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2196 OF 2026 Bhagwan Namdeo Barde …Applicant Vs. State of Maharashtra …Respondent Mr. Mrunmai Rokade i/b Adv. Narayan Rokade, for the Applicant. Mr. S.V. Walve, APP for the Respondent-State. CORAM: MADHAV J. JAMDAR, J. DATE : 21st AUGUST, 2026 P. C.: 1. Heard Ms. Rokade, learned counsel appearing for the Applicant and Mr.Walve, learned APP appearing for the State. 2. By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre- arrest bail in connection with C.R. No. 241 of 2026 registered with Niphad Police Station Nashik Rural for the offences punishable under Sections 310(1), 115(2), 118(1), 352, 351(2) and 329(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 3. The prosecution case is set out in the order dated 1st August, 2026 passed by the learned Additional Sessions Judge, Niphad 21st August, 2026 913 ABA-2196-2026.DOC skt below Exhibit 1 in Criminal Bail Application No. 256 of 2026 in paragraph No.3, which reads as under :- “3. Case of the prosecution as is disclosed from the say of IO is as under :- At the time of incident, accused persons entered into the agricultural field bearing Gat No.3/2 of the ownership of informant illegally and that at that time accused Nos.5 to 8 who were armed with stick, assaulted informant's son Khandu with a stick. Accused No.4 snatched the mobile phone from Khandu and that accused No.8 snatched the silver chain from the neck of Khandu. Accused No.3 gave slap to informant's daughter-in-law and threatened to send her to jail and also threatened with dire consequences. Accused Nos.1 and 2 abused informant and dragged her hair and caused her to fall down and they snatched the gold Mangalsutra from her neck. Accused Nos.9 and 10 abused informant and her sons and further threatened them with dire consequences by saying as to how they cultivate that 21st August, 2026 913 ABA-2196-2026.DOC skt agricultural land. So on the report of informant, the aforesaid crime is registered.” 4. It is the submission of Ms. Rokade, learned counsel appearing for the Applicant that there is a land dispute between the families of the Applicant and the First Informant and that the dispute is of a civil nature. She submits that, in fact, the co- accused, namely Nandabai Dattu Barde, had earlier lodged an F.I.R. being C.R. No. 240 of 2026 on 7th July, 2026 at 08:37 p.m., and thereafter the subject F.I.R. being C.R. No. 241 of 2026 was lodged on 7th July, 2026 at 11:11 p.m. She submits that the subject F.I.R. has been lodged as an afterthought. She further submits that most of the accused have been released either on regular bail or on anticipatory bail. 5. On the other hand, learned APP strongly opposes the application. 6. Perusal of the record shows that there is substance in the contention raised by the learned counsel appearing for the Applicant that the co-accused in the subject C.R. No. 241 of 2026 had earlier lodged an F.I.R. being C.R. No. 240 of 2026. It appears 21st August, 2026 913 ABA-2196-2026.DOC skt that the incident has taken place in the backdrop of a dispute over the land. Ms. Rokade, learned counsel appearing for the Applicant, submits that the Applicant has no other antecedents. Learned APP confirms the said position. 7. Accordingly, a 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-Bhagwan Namdeo Barde in connection with C.R. No. 241 of 2026 registered with Niphad Police Station Nashik Rural, the Applicant is directed to be released on bail on their furnishing P.R. Bond in the sum of Rs. 20,000/- with one or two solvent sureties each in the like amount. (b) The Applicant shall attend the concerned Police Station on 31st August, 2026 and 1st September, 2026 between 11:00 a.m. to 01:00 p.m. and shall cooperate with the investigation and thereafter as and when necessary. Page 4 of 5 21st August, 2026 913 ABA-2196-2026.DOC skt (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. 8. The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] 21st August, 2026