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Bombay High Court

SOMNATH RAMESH LOKHANDEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Dismissed

Holding

Anticipatory bail was denied because the offence is serious, pre‑planned, and the applicant’s reliance on a delayed witness statement was untenable.

Summary

The High Court considered an anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Somnath Ramesh Lokhande in connection with a violent assault alleged to have occurred on 17 November 2025 during a village election dispute. The prosecution alleged that the applicant, along with three other accused, assaulted the informant with iron rods, causing grievous injuries, and that the incident was pre‑planned and motivated by electoral rivalry. The applicant relied heavily on a later‑recorded statement of a third eye‑witness claiming he was not present at the scene, while the prosecution presented earlier statements of two eye‑witnesses identifying the applicant among the assailants. The Court held that the delayed witness statement could not be relied upon at the preliminary stage and that the seriousness and pre‑meditated nature of the offence outweighed any presumption of innocence. Consequently, the Court dismissed the anticipatory bail application, directing the trial court to decide the case on its merits without being influenced by these observations.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in a case involving serious, pre‑planned assault.
  • Whether the late‑recorded statement of a third eye‑witness can be relied upon to defeat the prosecution’s case.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • serious offence
  • pre‑planned assault
  • electoral violence
  • witness testimony

Judgment

                                                     48 ABA-1262-2026.DOC
skt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 1262 OF 2026
Somnath Ramesh Lokhande                                 …Applicant
            Vs.
State of Maharashtra
(At the instance of Sr.P.I. Malegaon Police             …Respondent
Station)


Mr. Prashant Subhash Hagare a/w. Ms. Ekta Patil and Mr. Utkarsh
Pondkule, for the Applicant.
Ms. M.P. Tidke, APP for the Respondent-State.


                       CORAM:       MADHAV J. JAMDAR, J.
                       DATE :       17th AUGUST, 2026
P. C.:

1.       Heard Mr. Prashant Hagare, learned counsel appearing for

the Applicant and Ms. Tidke, learned APP appearing for the

Respondent-State.


2.       This Anticipatory Bail Application is filed under Section 482

of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest

bail in connection with C.R. No.294 of 2025 registered with

Malegaon Police Station, Pune Rural for the offences punishable

under Sections 109, 118(2), 118(1), 140(1), 126(2), 189(2), 190,

191(1), 191(2) and 191(3) of the Bharatiya Nagarik Suraksha




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Sanhita, 2023 and Section 135 of the Maharashtra Police Act,

1951.

3.      It is the submission of Mr. Hagare, learned counsel appearing

for the Applicant that one of the eye witness to the incident who is

a third eye witness, namely, Abhishek @ Bali Sunil Kokare has

stated that the present Applicant was not present when the

incident took place and he has not assaulted the injured.

4.      On the other hand, Ms. Tidke, learned APP submits that the

Applicant is involved in the crime and there is one antecedent. Mr.

Hagare, learned counsel states that the antecedent has been

disclosed in the application.


5.      The prosecution case is set out in paragraph Nos. 3 and 4 of

the order dated 22nd April, 2026 passed by the learned Additional

Sessions Judge, Baramati, Dist. Pune in Criminal Bail Application

No.250 of 2026, which read as under :-


      “3      The allegations in the FIR are summarized as

      under:-

              In the year 2023 Grampanchayat elections of

      Dhumalwadi were held, in said election Sujata Vikas

      Kokare, sister- in-law of accused no.1 Chandrakant


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      Kokare was contesting election. Against her mother of

      informant   Akshay    Kokare     was     contesting   said

      Grampanchayat election. The mother of informant was

      declared as elected candidate. At that time accused no.

      1 to 3 and their other associates assaulted Pooja Sachin

      Kokare and Shourya Sachin Kokare on the ground that

      they had casted vote to mother of informant. FIR was

      registered in Malegaon Police Station regarding said

      incident. The informant had took Pooja Kokare and

      Shourya Kokare to the hospital, due to which their

      lives were saved, therefore the accused no.1 was

      having grudge against informant and gave threats to

      kill him.

      4.     It is further alleged that, on 17/11/2025, at

      about 10.00 am informant left his house so as to attend

      his work of Anganwadi, at Village Karhavagaj. He

      proceeded on his motorcycle by Sangavi to Pandare

      Road, when he reached near the field of Banana owned

      by one Sunil Dhumal, accused no. 1 to 4 and two

      unknown persons were present there, holding iron




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      rods. They restrained the motorcycle of informant,

      toppled down him and then took him in banana field

      and thereat the accused no. 2 and 3 were pressing

      throat of informant, with an intention to kill him, at

      that time accused no. 1 instigated them that, he should

      not be killed in such a easy way, and he will be killed

      after cutting his hands and legs. Then all the assailants

      assaulted the informant by means of iron rods in their

      hands. Accused no.3 assaulted informant by means of

      fighter on his nose. Vinod Kokare, Santosh Kokare, the

      brothers of informant came to rescue him, at that time

      two unknown assailants caught hold them, accused

      no.1 told to informant and his brothers that, whether

      he is contesting election against us and informant took

      wife and son of Sachin Kokare to hospital, therefore

      their   lives were saved and now, he will kill

      victim/informant. Then he assaulted informant on

      head by means of iron rod. In said incident, informant

      was became unconscious. The brothers of informant

      took him to Sahyadri Hospital, Baramati. When he was

      under treatment, police recorded his complaint. On


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      that basis above referred FIR has been registered

      against accused no. 1 to 4 and two unknown persons.”


6.    Perusal of the record shows that as per the prosecution case,

in the year 2023, Grampanchayat Elections of Dhumalwadi were

held and in the said election, Sujata Vikas Kokare, sister-in-law of

Accused no. 1 Chandrakant Kokare was contesting the elections

against the mother of the informant. The mother of the informant

got elected in the said election and at that time, Accused Nos. 1 to

3 and others assaulted Pooja Sachin Kokare and Shourya Sachin

Kokare on the ground that they had casted vote in favour of the

mother of informant. F.I.R. has been lodged at Malegaon Police

Station bearing C.R. No. 590 of 2023 on 3 rd December, 2023. The

informant took the injured Pooja Kokare and Shourya Kokare to

the hospital and they were saved. The Accused No. 1 was having

grudge against the First Informant as the First Informant had saved

said Pooja and Shourya and gave threats to kill him.


7.    The incident which is the subject matter of this application

took place on 17th November, 2025. In the said incident, Accused

Nos. 1 to 4 and two unknown persons, as per the prosecution case,

with iron rod assaulted the first informant. Vinod Dashrathrao



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Kokare, Santosh Narayan Kokare, who are the eye witnesses have

stated that Accused Nos. 1 to 4 and two unknown persons, as they

were wearing masks, were assaulting the injured - First Informant

with iron rod. The injury certificate shows that there are grievous

injuries and injuries are on vital part including left forehead and

nose.


8.      The Applicant has very strongly relied on the statement of

Abhishek @ Bali Sunil Kokare who has also supposed to be the eye

witness. However, perusal of the record shows that the incident in

question has taken place on 17th November, 2025. The injured has

lodged F.I.R. on 18th November, 2025 on 11:44 a.m.                 The

statements of the eye witnesses, namely, Vinod Dashrathrao Kokare

and Santosh Narayan Kokare were recorded on 20th November,

2025, wherein they have disclosed that they have seen the

Applicant along with other accused assaulting the injured with iron

rod. The statement on which learned counsel for the Applicant has

strongly relied is of Abhishek @ Bali Sunil Kokare, who also claims

to be an eye witness. The said statement has been recorded on 4 th

January, 2026 and his statement under Section 183 of Bharatiya

Nagarik Suraksha Sanhita has been recorded on 19 th January,




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2026. Thus, at this preliminary stage, when the investigation is

underway, no reliance can be placed on the statement which has

been recorded after almost 45 days. The offence is very serious.


9.    Perusal of the statements of Vinod Dashrathrao Kokare and

Santosh Narayan Kokare show that in fact the accused were under

the impression that they had killed the injured and told the

eyewitnesses to took the body of the injured. The Accused further

threatened that if anybody contest election against them, then,

such person would also face the same consequence. Thus, offence

is very serious and committed with pre-planning.


10.   Accordingly, no case is made out for grant of anticipatory

bail. The Anticipatory Bail Application is dismissed.


11.   The above observations are made for considering the present

Anticipatory Bail Application. The learned Trial Court shall not be

influenced by any of the observations made hereinabove and shall

decide the case on its own merits.



                                            [MADHAV J. JAMDAR, J.]




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