Bombay High Court
RUPALI PRAMOD MOHITEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that anticipatory bail is warranted and granted to the applicant with specified conditions.
Summary
Rupali Pramod Mohite applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with FIR No. 71 of 2026 alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The dispute arose from a contention over ancestral agricultural land between the applicant and the first informant, who are close relatives. The State argued that the applicant actively participated in the assault causing injuries, while the applicant’s counsel contended that the injuries were minor, the applicant has no prior record, and she will cooperate with the investigation. The court examined the facts, the nature of the offences, and the applicant’s background, and concluded that a case exists for granting anticipatory bail. Accordingly, the court ordered the applicant’s release on bail upon furnishing a bond of Rs.30,000 with sureties and imposed specific conditions, including attendance at the police station, furnishing contact details, and refraining from influencing witnesses or tampering with evidence. The anticipatory bail application was disposed of with the grant of bail subject to these conditions.
Issues considered
- Whether anticipatory bail should be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a land‑dispute related case involving multiple offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the applicant’s alleged participation in the assault warrants denial of bail.
- Whether imposing conditions on the grant of anticipatory bail is appropriate.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 119(1), 189(2), 190, 191(2), 191(3), 324(4), 351(2), 352
Subjects
- anticipatory bail
- Section 482
- land dispute
- criminal procedure
- Bharatiya Nyaya Sanhita
- Maharashtra
- bail conditions
Judgment
907.ABA-2181.26.DOC
Digitally signed
by PRACHI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PRACHI PRANESH
PRANESH NANDIWADEKAR
NANDIWADEKAR
Date: 2026.08.21
CRIMINAL APPELLATE JURISDICTION
17:52:39 +0530
ANTICIPATORY BAIL APPLICATION NO. 2181 OF 2026
Rupali Pramod Mohite … Applicant
V/s.
State of Maharashtra …. Respondent
______________________
Mr. Saurabh K. Raut a/w Mr. Anuj Tiwari and Ms. Gauri Phadake,
for the Applicant.
Mr. S. V. Walve, APP for the respondent-State.
Mr. Amol B. Pawar, P.S. attached to Vadner Bhairav Police Station,
Nashik Rural present.
______________________
CORAM : MADHAV J. JAMDAR, J.
DATED : 20 AUGUST 2026
P. C. :-
1. Heard Mr. Raut, learned counsel appearing for the Applicant
and Mr. Walve, learned APP appearing for the Respondent-State.
2. By this application filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-
arrest bail in connection with C.R. No. 71 of 2026 registered with
Vadner Bhairav Police Station, Nashik Rural for alleged offences
punishable under Sections 115(2), 118(1), 119(1), 189(2), 190,
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907.ABA-2181.26.DOC
191(2), 191(3), 324(4), 351(2) and 352 of the Bharatiya Nyaya
Sanhita, 2023.
3. It is the submission of Mr. Raut, learned counsel appearing
for the Applicant that the dispute is concerning the ancestral land
and the concerned portion of the agricultural land is belonging to
the present Applicant which is being objected by the First
Informant. It is submitted that on this count, there are previous
complaints filed against the first informant. He submits that as
there is some dispute with respect to the ancestral land, the said
incident has happened. He submits that in fact the cross F.I.R.
bearing C. R. No.72 of 2026 has also been filed with respect to the
same incident.
4. On the other hand, learned APP opposes the application. He
submits that the Applicant is actively involved in the crime and she
has assaulted the injured.
5. Perusal of the record shows that the Applicant and the first
informant are close relatives and there is some dispute concerning
the ancestral land. The Applicant is a widow. The injuries are
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907.ABA-2181.26.DOC
simple in nature. The Applicant has no other antecedents. Learned
counsel appearing of the Applicant submitted that the Applicant
will completely cooperate with the investigation.
6. Accordingly, a case is made out for grant of anticipatory bail
on following conditions :-
ORDER
(a) In the event of arrest of the Applicant in connection
with C.R. No.71 of 2026 registered with the Vadner
Bhairav Police Station, Nashik Rural, the Applicant is
directed to be released on bail on her furnishing P.R.
Bond in the sum of Rs.30,000/- with one or two
solvent sureties each in the like amount.
(b) The Applicant shall attend the concerned Police
Station on 27 August 2026 and 28 August 2026
between 11:00 a.m. to 02:00 p.m. and thereafter, as
and when called.
(c) The Applicant shall furnish her cell phone number and
residential address to the Investigating Officer and
shall keep the same updated, in case of any change
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907.ABA-2181.26.DOC
thereto.
(d) The Applicant 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 Applicant shall not tamper with the prosecution
evidence and shall not contact or influence the
Complainant or any witness in any manner.
7. The observations made in this order are only for the purpose
for considering the anticipatory bail application.
8. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
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