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Bombay High Court

SUNITA PRAKASH DHODIversusSTATE OF MAHARASHTRA

Decided
Disposal
ANTICIPATORY BAIL GRANTED

Holding

Anticipatory bail is granted to the applicant subject to a cash bond, surety and conditions of attendance and cooperation with the investigation.

Summary

The applicant, Sunita Prakash Dhodi, sought anticipatory bail in connection with FIR No. 910 of 2026 alleging offences under Sections 189(2), 190, 191(2), 329(4) and 333 of the Bharatiya Nyaya Sanhita, 2023, arising from a dispute over a room in a chawl. The FIR alleged that the applicant and four other women entered the complainant's room and a quarrel ensued, with the complainant claiming she was pushed and her hand twisted. The applicant contended that she had no role in any assault, that the dispute was essentially civil, and that she had complied with an earlier interim protection order and had no prior criminal record. The State opposed the bail, noting the allegations in the FIR but not disputing the applicant's compliance with the protection order. The Court, after noting the lack of evidence of personal involvement in the alleged assault and the applicant's clean record, granted anticipatory bail subject to a cash bond, surety, and conditions of cooperation with the investigation.

Issues considered

  • Whether the allegations in the FIR constitute offences under Sections 189(2), 190, 191(2), 329(4) and 333 of the Bharatiya Nyaya Sanhita, 2023.
  • Whether anticipatory bail should be granted to the applicant given the nature of the dispute and lack of evidence of personal involvement.
  • Whether the applicant's compliance with the interim protection order and absence of prior criminal antecedents warrant bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • civil dispute
  • women
  • bail conditions
  • Bharatiya Nyaya Sanhita

Judgment

                                                          1-ABA-2146-2026.odt

Harish

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
     ANTICIPATORY BAIL APPLICATION NO. 2146 OF 2026
Sunita Prakash Dhodi                                       ...Applicant
            V/S.
State Of Maharashtra                                       ...Respondent
_____________________________________________________________
Adv. Ramesh Yadav, for the Applicant.
Adv. Ashok S. Gawai, APP for the Respondent – State.
API - Mr. Swapnil Wagh, Dahisar Police Station, Bhrihanmumbai is present.
_________________________________________________________
                 CORAM : PRAFULLA S. KHUBALKAR, J.
                 DATE : 29TH SEPTEMBER, 2026.

P.C. :-

1.        Heard learned counsel for the applicant as well as learned APP for

the respondent-state.

2.        The applicant has filed the instant application seeking pre-arrest

bail in connection with Crime No. 910 of 2026 dated 19.06.2026, registered

with Dahisar Police Station, Brihanmumbai, for the offence punishable

under Sections 189(2), 190, 191(2), 329(4) and 333 of Bharatiya Nyaya

Sanhita (BNS), 2023.

3.        The FIR came to be registered on the basis of a report lodged by

the complainant alleging that on 18th June, 2026, this applicant along with

four other ladies had entered her room in the chawl and there was a quarrel


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amongst them, on account of evicting the complainant from the said room. It

is alleged that at that time somebody has pushed the complainant and twisted

her hand and on the basis of these allegations, the offence came to be

registered against this applicant and four unknown persons.

4.        Learned counsel for the applicant submits that the offence is

registered only in the background of earlier dispute in between the parties

with respect to possession of room in which the complainant alleges to be

residing. He also submits that there is nothing to show that the complainant

was assaulted by this applicant or anybody thereby attracting offence under

Section 333 of BNS. He submits that in an earlier offence registered at the

instance of same complainant this Court has already granted anticipatory

bail by order dated 31st March, 2026 in Anticipatory Bail Application No.

429 of 2025. He submits that apart from the offences registered at the

instance of same complainant, there are no criminal antecedents against the

applicant. It is also submitted that the applicant has attended the police

station as per the interim protection order passed by this Court and the same

be confirmed.

5.        Learned APP has opposed the application and submitted that there

are allegations in the FIR about presence of this applicant and her role in the

incidence dated 18th June, 2026. However, there is no dispute about the

contention that the applicant has attended the police station in accordance

with interim protection order. He submits that the investigation is in


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progress.

6.          On perusal of the FIR and the documents placed on record, it

appears that the only role attributed to this applicant is her presence

alongwith other ladies and there is nothing to show that this applicant has

caused any hurt or assaulted the complainant. It is also relevant to note that

in connection with another offence registered at the instance of the

complainant bearing Crime No. 615 of 2024, against this applicant, this

Court has allowed the Anticipatory Bail Application after recording that

prima facie the dispute between the parties appear to be of civil nature. It

appears that in that background fresh allegations are levelled by the

complainant and fresh offence is registered against the applicant.

7.          Considering the overall aspects and the fact that the applicant,

who is a women with no criminal antecedents, has earlier attended the police

station in accordance with the interim protection order, the same needs to be

confirmed, subject to certain conditions.

8.          Hence, I pass the following order :

                                    : ORDER :

                 i] Anticipatory Bail Application is allowed.

                 ii] In the event of arrest of the applicant in Crime

                 No. 910 of 2026 dated 19.06.2026, registered with

                 Dahisar Police Station, Brihanmumbai, for the



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               offence punishable under Sections 189(2), 190,

               191(2), 329(4) and 333 of Bharatiya Nyaya

               Sanhita (BNS), 2023, she be released on bail on

               furnishing P. R. Bond of Rs. 25,000/- (Rupees

               Twenty Five Thousand only) with one solvent

               surety of the like amount.

               iii] The applicant shall attend the police station as

               and when called upon by the Investigating Agency.

               iv] The applicant shall extend cooperation during

               investigation and trial.



9.       The Anticipatory Bail Application is allowed and disposed of in

above terms.




                                     (PRAFULLA S. KHUBALKAR, J.)




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