PANDURANG SHANTARAM DAFALversusTHE STATE OF MAHARASHTRA

                                                    18 ABA-2108-2026.DOC
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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2108 OF 2026
Pandurang Shantaram Dafal                              …Applicant
            Vs.
State of Maharashtra                                   …Respondent


Mr. Vaibhav Kadam a/w. Adv. Rayyan Shah, Satyajeet Borade and
Gaurag Bulchandani, for the Applicant.
Mr. S.V. Walve, APP for the Respondent-State.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATE :      31st AUGUST, 2026
P. C.:

1.       Heard Mr. Kadam, learned counsel appearing for the

Applicant and Mr. Walve, learned APP appearing for the State.


2.       In this application filed under Section 482 of the Bharatiya

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

arrest bail in connection with C.R. No. 137 of 2026 registered with

Nandgaon Police Station, Nashik Rural for the offences punishable

under Sections 115(2), 118(1), 118(2), 351(2), 351(3), 353 and

3(5) of Bharatiya Nyaya Sanhita, 2023.


3.       The prosecution case is set out in paragraph No. 2 of the

order dated 11th June 2026 passed by learned Additional Sessions




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Judge, Malegaon, below Exhibit 1 in Anticipatory Bail Application

No. 530 of 2026. The said paragraph No.2 reads as under :-


      “2.   It is seen that upon the report dtd. 08/04/2026

      of informant Kisan Raghunath Dafal, the above said

      crime is registered against applicant and others. As per

      the report, the informant alleged that on 27.12.2025 at

      about 7:00 a.m., the applicant and co-accused came in

      front of the house of informant and told that,

      informant has constructed the house on their land,

      therefore, demolish it, otherwise they will demolished

      it. By saying so the co-accused Kalpana and applicant

      Pandurang pushed the wife of informant and abused

      them. When the informant went to convinced them,

      the applicant and co-accused fall him down and beat

      by fist blows. At that time, the applicant assaulted

      below the left eye of the informant by means of iron

      rod and threatened to kill. Thereafter, he take

      treatment   at   Civil   Hospital,    Nandgaon,    General

      Hospital at Malegaon, in the hospital at Dhule, Nashik

      and at Kama Hospital Mumbai.”




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4.    It is the submission of Mr. Kadam, learned counsel appearing

for the Applicant that the First Informant and the Applicant are

relatives. According to him, the incident has taken place suddenly,

without any premeditation. He submits that, in fact, a false F.I.R.

has been filed, as one of the Accused, namely, Accused No. 2 –

Aniket Pandurang Dafal, at the relevant time, was at IIT Madras

and, in fact, was not in the said village. He states that the

Applicant has no other antecedents.

5.    On the other hand, Mr. Walve, learned APP submits that the

offence is serious and the injuries are grievous.

6.    Perusal of the record shows that offence is registered against

three accused. The other co-accused have been granted bail by the

learned Sessions Court. As far as the incident in question, the

same took place in view of the construction of the house on the

land, which according to the First Informant, is belonging to the

First Informant’s family. The Applicant and the First Informant are

relatives. There are no antecedents.

7.    In the above circumstances, a case is made out for grant of

Anticipatory Bail by imposing strict conditions. Hence, following

order is passed:



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                               ORDER

      i. In the event of arrest, the Applicant-Pandurang Shantaram

         Dafal be released on bail in C.R. No. 137 of 2026 registered

         with Nandgaon Police Station, Pune Rural, on executing P.R.

         bond of Rs.30,000/- and furnishing one or two local solvent

         sureties in the like amount.

      ii. The Applicant shall attend the concerned Police Station on

         7th September 2026 and 8th September 2026 between 11.00

         a.m. to 2.00 p.m. and thereafter once in a week on each

         Monday between 11:00 a.m. to 2:00 p.m., till filing of the

         charge-sheet.

      iii. 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.

      iv. 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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      v. 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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