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
- 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
- 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”).
Page 1
Sonali
38-ABA-2176-2026.DOC
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,
Page 2
Sonali
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.
Page 3
Sonali
38-ABA-2176-2026.DOC
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.
Page 4
Sonali
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
Page 5
Sonali
38-ABA-2176-2026.DOC
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
Page 6
Sonali
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.