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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

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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