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Bombay High Court

SUNITA NAVNATH KURHEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court held that, given the Applicants are women, housewives, with no criminal antecedents and the injuries are simple, anticipatory bail under Section 482 of the BNSS, 2023 is warranted, subject to prescribed conditions.

Summary

The Applicants, three women accused in a cross‑FIR land‑dispute case, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for offences listed under the Bharatiya Nyaya Sanhita, 2023. The Court noted that the other accused had been arrested or released on bail, and that the injuries to victims were mostly simple, with only two grievous injuries. Considering the Applicants’ status as housewives, their lack of any criminal antecedents, and the nature of the case, the Court found the criteria for anticipatory bail satisfied. Accordingly, the Court ordered that if arrested, each Applicant be released on bail upon furnishing a personal bond of Rs 20,000 with sureties and complying with several conditions, including cooperation with investigation and non‑interference with witnesses. The application was disposed with bail granted subject to these conditions.

Issues considered

  • Whether the Applicants are entitled to anticipatory bail under Section 482 of the BNSS, 2023
  • Whether the nature of the offences and the Applicants’ personal circumstances justify the grant of bail
  • Whether imposing conditions on bail is sufficient to protect the investigation

Legislation cited

Subjects

  • Anticipatory bail
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • land dispute
  • female accused
  • pre‑arrest bail
  • conditions of bail

Judgment

                                                   33-ABA-2123-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO.2123 OF 2026


Sunita Navnath Kurhe & Ors.                           …Applicants
      Versus
The State of Maharashtra                              …Respondent


Mr. Chetan Deshmukh, for the Applicants.
Mr. P. P. Jadhav, APP, for the Respondent-State.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATED :     28th SEPTEMBER 2026
PC:-


1.       Heard Mr. Deshmukh, learned Counsel appearing for the

Applicants and Mr. Jadhav, learned APP appearing for the

Respondent-State.



2.       This application is filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail

in connection with C.R. No.251 of 2026 registered with Yeola

Taluka Police Station, Nashik, for the offences punishable under

Sections 74, 118(2), 126(2), 119(2), 189(2), 190, 191(2), 191(3)

and 192 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).




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3.       Perusal of the record shows that the Applicants are ladies.

The Applicants are accused Nos.7, 9 and 11. There are total 13

accused. Accused Nos.1 to 6 have been arrested and released on

regular bail. Accused Nos.8 and 10 has been released on

anticipatory bail. The injuries are simple in nature as far as five of

the injured persons are concerned and as far as the other two

injured persons, one injury each is grievous in nature. This is a

case of cross FIR, where there is a land dispute between the family

of the Applicants and the First Informant.



4.       In the facts and circumstances, as the Applicants are ladies

and house wives and as there are no other criminal antecedents

against the Applicants, the case is made out for grant of

Anticipatory Bail. In view thereof, the following order is passed:


                               ORDER

         (a)   In the event of arrest of the Applicants-Sunita Navnath

               Kurhe, Sonam Shubham Lonari and Manisha Bapu

               Kanade in connection with C.R. No.251 of 2026

               registered with the Yeola Taluka Police Station,

               Nashik, the Applicant is directed to be released on bail




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                                                   33-ABA-2123-2026.DOC




               on their furnishing P.R. Bond in the sum of

               Rs.20,000/- each with one or two solvent sureties

               each in the like amount.

         (b)   The Applicants shall attend the concerned Police

               Station on 5th October 2026 and 6th October 2026

               between 11:00 a.m. to 02:00 p.m. and shall cooperate

               with the investigation.

         (c)   The Applicants shall furnish their cell phone number

               and residential address to the Investigating Officer

               and shall keep the same updated, in case of any

               change thereto.

         (d)   The Applicants 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.

         (e)   The Applicants shall not tamper with the prosecution

               evidence and shall not contact or influence the

               Complainant or any witness in any manner.




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                                                                 33-ABA-2123-2026.DOC




             5.       The Anticipatory Bail Application is disposed of accordingly.




                                                         [MADHAV J. JAMDAR, J.]


       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.09.28
       17:55:13
       +0530




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