Bombay High Court
BHAGWAN NAMDEO BARDEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that there is a case for grant of anticipatory bail as the dispute is civil in nature and the applicant has no antecedents.
Summary
The applicant, Bhagwan Namdeo Barde, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre‑arrest bail for alleged offences including murder attempt, intimidation, and assault arising from a land dispute. The prosecution alleged that the accused entered the informant’s agricultural field, assaulted family members, and stole valuables. Counsel for the applicant argued that the matter stemmed from a civil land dispute, that a co‑accused had earlier lodged a separate FIR, and that the applicant had no prior criminal record. The State opposed the bail, but the court found merit in the applicant’s claim of a civil dispute and lack of antecedents. Consequently, the court granted anticipatory bail subject to a personal bond of Rs.20,000, sureties, and specific conditions regarding cooperation with investigation and non‑interference with witnesses. The order disposes of the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged offences arising from a land dispute.
- Whether the applicant’s alleged conduct warrants pre‑arrest detention despite the civil nature of the underlying dispute.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 115(2), 118(1), 310(1), 329(3), 351(2), 352, 482
Subjects
- anticipatory bail
- Section 482
- land dispute
- civil dispute
- criminal procedure
- assault
- theft
- bail conditions
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2196 OF 2026
Bhagwan Namdeo Barde …Applicant
Vs.
State of Maharashtra …Respondent
Mr. Mrunmai Rokade i/b Adv. Narayan Rokade, for the Applicant.
Mr. S.V. Walve, APP for the Respondent-State.
CORAM: MADHAV J. JAMDAR, J.
DATE : 21st AUGUST, 2026
P. C.:
1. Heard Ms. Rokade, learned counsel appearing for the
Applicant and Mr.Walve, learned APP appearing for the 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. 241 of 2026 registered with
Niphad Police Station Nashik Rural for the offences punishable
under Sections 310(1), 115(2), 118(1), 352, 351(2) and 329(3) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
3. The prosecution case is set out in the order dated 1 st August,
2026 passed by the learned Additional Sessions Judge, Niphad
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below Exhibit 1 in Criminal Bail Application No. 256 of 2026 in
paragraph No.3, which reads as under :-
“3. Case of the prosecution as is disclosed from the say
of IO is as under :-
At the time of incident, accused persons entered into the
agricultural field bearing Gat No.3/2 of the ownership of
informant illegally and that at that time accused Nos.5
to 8 who were armed with stick, assaulted informant's
son Khandu with a stick. Accused No.4 snatched the
mobile phone from Khandu and that accused No.8
snatched the silver chain from the neck of Khandu.
Accused No.3 gave slap to informant's daughter-in-law
and threatened to send her to jail and also threatened
with dire consequences. Accused Nos.1 and 2 abused
informant and dragged her hair and caused her to fall
down and they snatched the gold Mangalsutra from her
neck. Accused Nos.9 and 10 abused informant and her
sons and further threatened them with dire
consequences by saying as to how they cultivate that
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agricultural land. So on the report of informant, the
aforesaid crime is registered.”
4. It is the submission of Ms. Rokade, learned counsel
appearing for the Applicant that there is a land dispute between
the families of the Applicant and the First Informant and that the
dispute is of a civil nature. She submits that, in fact, the co-
accused, namely Nandabai Dattu Barde, had earlier lodged an
F.I.R. being C.R. No. 240 of 2026 on 7th July, 2026 at 08:37 p.m.,
and thereafter the subject F.I.R. being C.R. No. 241 of 2026 was
lodged on 7th July, 2026 at 11:11 p.m. She submits that the subject
F.I.R. has been lodged as an afterthought. She further submits that
most of the accused have been released either on regular bail or on
anticipatory bail.
5. On the other hand, learned APP strongly opposes the
application.
6. Perusal of the record shows that there is substance in the
contention raised by the learned counsel appearing for the
Applicant that the co-accused in the subject C.R. No. 241 of 2026
had earlier lodged an F.I.R. being C.R. No. 240 of 2026. It appears
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that the incident has taken place in the backdrop of a dispute over
the land. Ms. Rokade, learned counsel appearing for the Applicant,
submits that the Applicant has no other antecedents. Learned APP
confirms the said position.
7. Accordingly, a 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 Applicant-Bhagwan
Namdeo Barde in connection with C.R. No. 241 of
2026 registered with Niphad Police Station Nashik
Rural, the Applicant is directed to be released on bail
on their furnishing P.R. Bond in the sum of Rs.
20,000/- with one or two solvent sureties each in the
like amount.
(b) The Applicant shall attend the concerned Police
Station on 31st August, 2026 and 1st September, 2026
between 11:00 a.m. to 01:00 p.m. and shall cooperate
with the investigation and thereafter as and when
necessary.
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(c) The Applicant shall furnish his cell phone number and
residential address to the Investigating Officer and
shall keep the same updated, in case of any change
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.
8. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
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