907-ABA-1232-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1232 OF 2026 Subhash Baban Khapare & Ors. …Applicants Versus The State of Maharashtra …Respondent Mr. Sugandh Deshmukh a/w. Mr. Aniket Kanawade and Mr. Aryan Deshmukh i/b. Mr. Vaibhav Thorave, for the Applicants. Mr. Prashant P. Jadhav, APP, for the Respondent-State. Mr. M. B. Tikle, Headconstable, attached to Niphad Police Station, District-Nashik, present. CORAM: MADHAV J. JAMDAR, J. DATED : 18th SEPTEMBER 2026 PC:- 1. Heard Mr. Deshmukh, learned Counsel appearing for the Applicants 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.93 of 2026 registered with Niphad Police Station, Tal. Niphad, District-Nashik, for the offences punishable under Sections 106(1), 223, 239 and 3(5) of the Page 1 Sonali 907-ABA-1232-2026.DOC Bharatiya Nyaya Sanhita, 2023 (“BNS”) and also under Section 11(1) of the Prevention of Cruelty to Animals Act, 1960. 3. The prosecution case is set out in paragraph Nos.2 and 3 of the order dated 2nd May 2026 passed by the learned Additional Sessions Judge, Niphad, District-Nashik in Criminal Bail Application No.95 of 2026, which reads as under: “2. It is case of the prosecution as per First Information Report that according to the informant, informant is posted in Niphad Police Station as Police Constable and presently deputed in Confidential Branch. During 19-03-2026 to 20-03-2026, there was Yatra of Haribhusha Baba at village Nandurdi for which Yatra Committee was formed. Accordingly, police gave permission to arrange Yatra but then as per secret information, police received information that after few days from the Yatra, organizing committee is going to arrange Horse-Cart race in the village. Accordingly, on 02-04-2026, police called organizing committee members in the police station and made them aware about letter issued by Collector, Nashik bearing Outward No. कक्ष १ / पी .ओ.एल.-१/४४०/ २००५ dated 21-03-2026 so also letter issued by Superintendent of Police, Nashik Gramin bearing outward No. कक्ष १४/ इतर / शर्यती /४६५/ २००९ dated 26-01-2009 so also letter issued by Tahsildar, Niphad bearing Outward No. फौ./कावि/३/ २००९ dated 14-01-2009 and also made them aware that such race is banned and prohibited by Hon'ble High Court and not to arrange race of bullock and horse. Accordingly, members of organizing committee Page 2 Sonali 907-ABA-1232-2026.DOC were issued written notice as per Section 168 of B.N.S.S. on 02-04-2026 bearing Outward No.121/2026. 3. Despite of the same, members of organizing committee didn't give hid to the said communication and arranged the bullock and horse on 06-04-2026 between 3:00 PM30 the race of internal road at village Nandurdi and Kundewadi. During that race, p.m. on one old aged person tried to cross the road and the cart dashed him and he sustained grievous injuries. Then, it revealed that name of the said person is Raghunath Vitthal Shinde who died in Suman Hospital at Pimpalgaon Baswant on 08-04-2026. Accordingly, F.I.R. is given.” 4. Thus, the main allegation of the prosecution is that, despite the order prohibiting the organization of horse and bullock-cart races in Village Nandurdi, Taluka Niphad, District Nashik, contrary to the said order, the accused organized a horse and bullock-cart race on 6th April 2026 between 03:00 p.m. to 04:30 p.m.. During the said race, a horse and bullock cart dashed to one Raghunath Vitthal Shinde, senior citizen of 88 years, who subsequently succumbed to the injuries sustained in the said incident. 5. It is the submission of Mr. Deshmukh, learned Counsel appearing for the Applicants that the Applicants have not Page 3 Sonali 907-ABA-1232-2026.DOC organized the said horse and bullock-cart race and they were the organizers only of the “Yatra”. 6. In any case, a learned Single Judge by order dated 13th May 2026 has granted interim anticipatory bail, which continues till date. There is no allegation that the Applicants have misused the said protection. The Applicants have attended the Police Station. 7. Accordingly, the case is made out for grant of Anticipatory Bail in terms of the order dated 13th Mary 2026. In view thereof, the following order is passed: O R D E R (a) In the event of the arrest, the Applicants- Subhash Baban Khapare, Rahul Bhagwan Khapare, Sanjay Karbhari Aher, Madhukar Trambak Kumbharde, Tanaji Murlidhar Khapare, Kishor Kailas Nikam and Sopan Nivrutti Deokar, be enlarged on bail in connection with C.R. No.0093 of 2026 registered with Niphad, Nashik Rural Police Station under Sections 106(1), 223, 239, 3(5), 105( added subsequently) of Bharatiya Nyaya Sanhita, 2023 and Section 11(1) of Page 4 Sonali 907-ABA-1232-2026.DOC the Prevention of Cruelty to Animals Act, 1960 on executing P.R. Bond in the sum of Rs.25,000/- each with one or more sureties each in the like amount. (b) The Applicants shall attend the concerned Police Station as and when called by the Investigating Officer. (c) 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. (d) 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.] Page 5 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.09.19 12:28:19 +0530