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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 183, 482
- Maharashtra Police Act, 1951 — s. 135
Subjects
- anticipatory bail
- Section 482
- serious offence
- pre‑planned assault
- electoral violence
- witness testimony
Judgment
48 ABA-1262-2026.DOC
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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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