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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 118(2), 119(2), 126(2), 189(2), 190, 191(2), 191(3), 192, 74
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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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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