SWATI SWAPNIL JADHAVversusTHE STATE OF MAHARASHTRA

                                                36-ABA-2162-2026+.DOC

                                                            Akash Tayde




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION
       ANTICIPATORY BAIL APPLICATION NO.2162 OF 2026


Mahadeo Kisan Jadhav                                 …Applicant
      Versus
The State of Maharashtra                             …Respondent

                          WITH
      ANTICIPATORY BAIL APPLICATION NO.2079 OF 2026
Swati Swapnil Jadhav                       …Applicant
      Versus
The State of Maharashtra                   …Respondent



Ms. Swapna P. Kode, for the Applicants.
Ms. M. R. Tidke, APP, for the Respondent-State.
Mr. Varun Thokal i/b Jayant Bardeskar,               for   the   First
informant/Complainant.


                      CORAM:      MADHAV J. JAMDAR, J.
                      DATED :     05th OCTOBER 2026
PC:-


1.     Heard Ms. Kode, learned Counsel appearing for the

Applicants, Ms. Tidke, learned APP appearing for the Respondent-

State and Mr. Thokal, for the First Informant/Complainant.



2.     By the present Application filed under Section 482 of the

Bharatiya   Nagarik   Suraksha     Sanhita,   2023   (“BNSS”),    the




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Applicants are seeking pre-arrest bail in connection with C.R. No.

183 of 2026 registered with Junnar Police Station, Pune Rural,

Pune for the offences punishable under Sections 118(1), 119(1),

3(5), 324(4) 351(2) and 352 of the Bhartiya Nyaya Sanhita, 2023

(“BNS”).



3.    It is the submission of Ms. Kode, learned Counsel appearing

for the Applicants that the incident has taken place as there is

dispute concerning agricultural lands and other issues between the

family of the Applicants and the family of the First Informant. She

further submits that, in fact, with respect to the same incident, the

Applicants' family also wanted to lodge the FIR, however, the FIR

has not been registered at their instance. She submits that

Applicant- Mahadeo Kisan Jadhav is a senior citizen of 66 years

and Applicant- Swati Swapnil Jadhav is lady and house wife. She

submits that even as per the prosecution case, the main role is

attributed to Swapnil Mahadeo Jadhav. She further submits that

the First Informant has abused the Applicant and thereafter N.C.R.

are filed on 07th October 2025 and on 28th September 2026. She

submits that there are no other antecedents.




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4.    On the other hand, learned APP and learned Counsel

appearing for the Respondent No.2 submits that offence is very

serious and therefore, custodial interrogation is necessary. Mr.

Thokal, learned Counsel appearing for the Respondent No.2

submits that in fact, another incident has taken place and

therefore, N.C.R. has been filed on 28 th September 2026. Learned

Counsel therefore, submits that application be rejected.



5.     The prosecution case is set out in Paragraph No.2 of order

dated 02nd July 2026 passed by the learned Additional Sessions

Judge, Junnar District, Pune in Criminal Bail Application No.121 of

2026, which reads as under :-



      2.    The prosecution case, in brief, is that there are long-
      standing civil disputes pending between the family of the
      informant and the family of the applicants in respect of their
      ancestral property. On account of the said dispute, relations
      between the parties are strained. It is alleged that on
      12.06.2026 at 7.00 p.m., the applicants, assaulted the
      informant by means of an iron rod and bamboo stick,
      causing injuries to him. During the course of the incident,
      one of the co-accused allegedly snatched the mobile phone
      of the informant. It is further alleged that the co-accused
      abused the parents of the informant in filthy language and
      forcibly snatched the laptop from his hands. The co-accused
      also damaged the water pipelines installed in the
      agricultural land belonging to the informant's family, thereby
      causing loss to them. On the basis of the aforesaid




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      allegations, the present crime came to be registered against
      the applicants and others.


6.    As per the prosecution case, the only role attributed to the

Applicant- Mahadeo Kisan Jadhav (Accused No.3) is that he has

assaulted the injured with the bamboo stick. The assault by iron

rod is attributed to Swapnil Mahadeo Jadhav (Accused No.1) and

the role attributed to the Applicant-Swati Swapnil Jadhav (Accused

No.2) is that she snatched the laptop. There are no other

antecedents. The incident has happened as there as dispute over

agricultural lands and other issues between the family of the First

Informant and the Applicants.



7.    Accordingly, in the facts and circumstances, the case is made

out for grant of Anticipatory Bail. However, stringent conditions

are required to be imposed in view of N.C.R. lodged by both the

parties against each other. Hence, the following order is passed:


                               ORDER

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

            ABA/2162/2026) - Mahadeo Kisan Jadhav and

            Applicant (in ABA/2079/2026) - Swati Swapnil

            Jadhav in connection with C.R. No.183 of 2026



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      registered with Junnar Police Station, Pune Rural, the

      Applicants are directed to be released on bail on their

      furnishing P.R. Bond in the sum of Rs. 30,000/- with

      one or two solvent sureties in the like amount.

(b)   The Applicants shall attend the concerned Police

      Station on 12th October 2026 and 13th October 2026

      between 11:00 a.m. to 01:00 p.m.. Thereafter, the

      Applicants shall also attend the concerned Police

      Station once in a 15 days till filing of the chargesheet

      and shall cooperate with the investigation. In

      addition, the Applicant shall attend the concerned

      Police Station as and when called.

(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.



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     (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.]




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