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Bombay High Court

SHOBHA GOPAL LOANRI AND ANRversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court held that anticipatory bail is warranted and granted it with conditions under Section 482 of the BNSS.

Summary

The applicants, Shobha Gopal Lonari and Shantabai Gorakh Kanade, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a violent incident arising from a land dispute. The prosecution alleged that the applicants participated in a mob assault involving weapons and assault on several persons, including the informant's family. The defense argued that the incident was spontaneous, the applicants are housewives with no criminal antecedents, and one is a senior citizen. The court noted the prima facie nature of the allegations, the lack of prior records, and the applicants' cooperation, and therefore granted anticipatory bail with stringent conditions. The order directs the applicants to furnish bail bonds, refrain from entering the jurisdiction of the investigating police station, and cooperate with the investigation while prohibiting any tampering with evidence or influencing witnesses.

Issues considered

  • Whether anticipatory bail should be granted under Section 482 of the BNSS in view of the alleged offences.
  • Whether the applicants pose a risk of tampering with evidence or influencing witnesses.
  • Whether the alleged incident was a spontaneous act or pre‑meditated.
  • Whether the applicants' lack of criminal antecedents warrants bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • BNSS
  • BNS
  • land dispute
  • women accused
  • criminal antecedents
  • bail conditions

Judgment

                                                  38-ABA-2176-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO.2176 OF 2026


Shobha Gopal Lonari & Anr.                           …Applicants
      Versus
The State of Maharashtra                             …Respondent


Mr. Chetan Deshmukh, for the Applicants.
Mr. P. P. Jadhav, APP, for the Respondent-State.
Mr. A. V. Dighe, PSI, attached to Yeola Police Station, Nashik Rural,
Nashik, present.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATED :     21st 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.       The prosecution case is set out in paragraph No.3 of the

order dated 19th June 2026, passed by the learned Additional

Sessions Judge, Yeola, Nashik, in Criminal Bail Application No.124

of 2026, which reads as under:



           “3. Case of prosecution in brief is as under:-
           Informant lodged his report to police that the
           incident took place on 15/05/2026. On that day
           at about 8:00 pm accused no. 1 to 13 mentioned
           in the FIR alongwith 5 to 7 unknown persons
           armed with iron rod, stick, sickle came there in
           the agricultural field bearing gat no. 65/A/1 in
           order to break the way of it. At that time
           Radheshyam and Prathamesh started video
           shooting the said incident but at that time
           Shobha Lonare poured petrol on them. Thereafter
           Suvarna Kanade, Kaleri Kanade and Ankita
           Kanade came there by running. At that time
           Gopal Lonare, Navnath Kurhet, Girish Kurhe,
           Bapu Kurhe and Sonam Lonare caused
           informant's wife Kaveri to fall down and
           assaulted her with iron rod. At that time Bapu
           Kanade assaulted with iron rod on the leg, back
           and head of informant's brother's wife Ankita and
           at that time Navnath Kurhe outraged the modesty
           of Ankita by pressing her breast. At that time
           Sonam Lonare snatched the chain by breaking it
           from the neck of Ankita. At that time Gopal
           Lonare pressed informant's elder brother's wife
           Suvarna and tore her blouse. At that time
           Navnath Kurhe assaulted informant with the iron
           rod and stick. At that time Gopal Lonare
           assaulted with axe on the head of informant and
           informant fell down. At that time informant's wife
           Kaveri came there to rescue informant but she
           was assaulted with iron rod by Gopal Lonare,




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                                                   38-ABA-2176-2026.DOC




            Navnath Kurhe and Sunita Kurhe. At that time
            informant's brother Rakesh came to intervene but
            he was assaulted by Gopal Lonare, Bapu Kanade
            and Sunita Kurhe with iron rod on his stomach,
            leg and neck. At that time informant's elder
            brother Rahul Kanade was assaulted with axe on
            his head by Bapu Kanade. And at that time
            Parikshit Kanade assaulted with iron rod on the
            thigh of Rahul Kanade. And at that time Gopal
            Lonare assaulted with knife on the right bicep of
            Rahul Kanade. At that time Sunita Kurhe
            assaulted with the iron rod on the bicep of
            informant's nephew Radheshyam. So on the
            report of informant aforesaid crime is registered.”


4.       It is the submission of Mr. Deshmukh, learned Counsel

appearing for the Applicants that the Applicants are lady members.

There is a land dispute between the family members of the

Applicants and the First Informant and therefore, the incident has

taken place. He submits that the incident has taken place on a spur

of a moment and there was no pre-meditated. There are no

criminal antecedents against the Applicants. He submits that the

Applicant No.2 is a senior citizen of 64 years. He submits that both

the Applicants are house wives. He further submits that there are

total 13 accused and accused Nos. 1 to 6 who are the male

members of the family, have been arrested and released on regular

bail. He therefore, submits that the Anticipatory Bail Application be

allowed.




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5.       On the other hand, learned APP strongly opposes the

Anticipatory Bail Application. He submits that the Applicants are

involved in the crime. He submits that the Applicant No.1 has

played major role in the incident in question.



6.       Perusal of the record shows that there is land dispute

between the family members of the Applicants and the First

Informant. The Applicants are ladies who are house wives.

Although, it is correct that the Applicant No.1 has taken leading

part in the incident in question, prima facie, the incident has taken

place on a spur of moment. There are no criminal antecedents

against the Applicants.



7.       Mr.   Deshmukh,   learned   Counsel     appearing   for   the

Applicants, on instructions, submits that the Applicants will stay

outside the area of jurisdiction of Yeola Taluka Police Station, till

the filing of the chargesheet and that the Applicants will stay at

C/o. Navnath Suresh Kurhe, Vitthal Nagar, Shivaji Nagar, Jail Road,

Nashik Road, Nashik.




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                                                     38-ABA-2176-2026.DOC




8.       Accordingly, 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-Shobha Gopal

               Lonari and Shantabai Gorakh Kanade in connection

               with C.R. No.251 of 2026 registered with the Yeola

               Taluka Police Station, Nashik, the Applicants are

               directed to be released on bail 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 not enter the jurisdiction of Yeola

               Taluka Police Station, District-Nashik, till filing of the

               chargesheet, except for reporting to the Investigating

               Officer, if called.


         (c)   The Applicants shall attend the concerned Police

               Station on 28th September 2026 and 29th September

               2026 between 11:00 a.m. to 02:00 p.m. and shall

               cooperate with the investigation.

         (d)   The Applicants shall attend the concerned Police




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                               Station once in a month on 1st Sunday between 11:00

                               a.m. to 02:00 p.m. till conclusion of the trial.

                         (e)   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.

                         (f)   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.

                         (g)   The Applicants shall not tamper with the prosecution

                               evidence and shall not contact or influence the

                               Complainant or any witness in any manner.




                9.       The Anticipatory Bail Application is disposed of accordingly.




       Digitally
       signed by
       SONALI                                                [MADHAV J. JAMDAR, J.]
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.09.23
       10:49:50
       +0530




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