Bombay High Court

SUNIL SHIVAJI PAGAREversusTHE STATE OF MAHARASHTRA

Decided: 19 August 2026
Disposal: Disposed Off

Holding

The court held that anticipatory bail should be granted with conditions despite the family dispute and related FIR.

Summary

Sunil Shivaji Pagare applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with FIR No. 321 of 2026 alleging theft of cement poles during a boundary dispute with his cousin. The applicant sought to withdraw the application to file a fresh one, citing a related FIR (No. 80 of 2025) that remained undisclosed. The prosecution described the alleged removal of 5-6 cement poles and threats made by the applicant and his wife, who had already been granted anticipatory bail. The court noted the familial nature of the dispute and the existence of an antecedent FIR, but found no reason to deny bail. It therefore granted anticipatory bail subject to a personal bond of Rs.20,000, sureties, attendance at the police station, furnishing contact details, and prohibitions on influencing witnesses or tampering with evidence. The order was limited to the purpose of considering the anticipatory bail application.

Issues considered

Whether anticipatory bail should be granted under Section 482 in a family dispute involving alleged theft of cement poles
Whether the existence of a related FIR (No. 80 of 2025) constitutes a ground to deny anticipatory bail
Whether conditions can be imposed on the grant of anticipatory bail to prevent interference with investigation

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482

Subjects

anticipatory bail
Section 482
family dispute
theft
boundary dispute
conditions of bail

Judgment

902.ABA-2065.26.DOC

Digitally signed
by PRACHI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PRACHI PRANESH
PRANESH NANDIWADEKAR
NANDIWADEKAR
Date: 2026.08.21
CRIMINAL APPELLATE JURISDICTION
17:52:39 +0530
ANTICIPATORY BAIL APPLICATION NO. 2065 OF 2026

Sunil Shivaji Pagare … Applicant
V/s.
State of Maharashtra …. Respondent
______________________
Mr. Shailesh Pal a/w Mr. Ashwin Tripathi, for the applicant.
Mr. S. S. Ghag, APP for the respondent-State.
______________________

CORAM : MADHAV J. JAMDAR, J.
DATED : 19 AUGUST 2026
P. C. :-

1. Heard Mr. Shailesh Pal, learned Counsel appearing for the

Applicant and Mr. Ghag, learned APP appearing for the

Respondent-State.

2. By this application filed under Section 482 of Bharatiya

Nagarik Suraksha Sanhita, 2023 the Applicant is seeking pre-arrest

bail in connection with C.R. No. 321 of 2026 registered with the

Yeola Taluka Police Station, Nashik.

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902.ABA-2065.26.DOC

3. At the outset, Mr. Pal states that he be granted leave to

withdraw the Anticipatory Bail Application with liberty to file fresh

Anticipatory Bail Application as another F. I. R. registered by the

same first informant in C. R. No.80 of 2025 registered with Yeola

Taluka Police Station, Nashik Rural has remained to be disclosed in

the Anticipatory Bail Application.

4. However, he further states that the first informant is cousin

of the present applicant and the offence involved in the present

application is regarding boundary dispute as both of them are

having agricultural land. He submits that except the said C.R.

No.80 of 2025, there is no other crime against the Applicant. He

submits that the said C. R. No.80 of 2025 has also been lodged as

there is family dispute between the Applicant and his cousin.

5. On the other hand, Mr. Ghag, learned APP strongly opposes

the application.

6. The prosecution case is set out in paragraph 6 of the order

dated 17 July 2026 passed by the learned Additional Sessions

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902.ABA-2065.26.DOC

Judge, Yeola in Criminal Bail Application No.157 of 2026. The said

paragraph no.6 reads as under :-

“6. Copy of FIR in Crime No. 321 of 2026 of Yeola Taluka Police Station
shows that Levhi Danial Pagare has given report against applicant/accused
No. 1 and 2 that on 13/06/2026 at 5.30 p.m. he along with his brother
Dipak, cousin Premchand went to their field at that time they saw that
applicant/accused No. 1 and 2 have taken 29 to 30 cement-pole out of 35
cement-pole kept in the field No. 58/4, 32 of village Suregaon. He saw
that applicant/accused No. 1 and 2 were trying to take out 5 to 6 cement-
pole by their hand. Those cement-pole kept in the field to mark boundary
of the field. He asked them about the theft, both applicant/accused get
annoyed on it. Applicant/accused No. 2 has taken mud in her hand
thrown towards the informant and beat him. Applicant/accused No. 1
threaten him not to come on the field again otherwise he will kill him and
he will bury him there. Thereafter informant along with his brother and
cousin went home. In this way applicant/accused No. 1 and 2 have stolen
35 cement-pole worth of Rs. 7000/-. On the report of informant crime is
registered against applicant/accused No. 1 and 2.”

7. Thus even as per the prosecution case, 5 to 6 cement poles

were removed by the Applicant and Accused No.2 who is the wife

of the Applicant.

8. Learned counsel for the Applicant states that Applicant’s wife

has already been granted Anticipatory Bail by the learned

Additional Sessions Judge, Yeola.

9. Thus in these facts and circumstances, although an

antecedent has remained to be mentioned in the Application as the

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902.ABA-2065.26.DOC

same is pointed out to this Court during the hearing of this

Anticipatory Bail Application and as the same is also concerning

family dispute with his cousin, in these peculiar circumstances,

case is made out for grant of Anticipatory Bail by imposing

following conditions :-

ORDER

(a) In the event of arrest of the Applicant in connection

with C.R. No.321 of 2026 registered with the Yeola

Taluka Police Station, Nashik, 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 27 August 2026 between 11:00 a.m. to

02:00 p.m. and thereafter, as and when called.

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

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902.ABA-2065.26.DOC

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.

10. The observations made in this order are only for the purpose

for considering the anticipatory bail application.

11. The Anticipatory Bail Application is disposed of accordingly.

[MADHAV J. JAMDAR, J.]

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