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Bombay High Court

KIRAN SATYAPPA GOPHANEversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The Court granted anticipatory bail to the applicant with specified conditions.

Summary

The applicant, Kiran Satyappa Gophane, was implicated in a disturbance at a police station where he and associates allegedly threatened police officers and were involved in a heated argument, leading to an FIR charging him with multiple offences under the Bharatiya Nyaya Sanhita, 2023. He filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, contending that most of the offences are bailable and that the FIR exaggerates the facts, asserting he was merely assisting a family friend in a land dispute. The State opposed the bail, arguing the offences are serious and intended to deter public servants. The Court examined the nature of the offences, the maximum punishment for Section 132, and the applicant’s clean record, and concluded that the case warranted the grant of anticipatory bail with conditions. Accordingly, the Court ordered the applicant’s release on bail upon furnishing a bond and complying with several conditions, including cooperation with the investigation and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the BNSS for the offences alleged in the FIR.
  • Whether the offences, particularly under Section 132 of the BNS, are bailable and warrant denial of bail due to seriousness.
  • Whether the FIR presents an exaggerated version of events justifying bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • bailable offences
  • public servant
  • FIR
  • land dispute
  • intimidation
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                                                  38-ABA-2226-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO.2226 OF 2026


Kiran Satyappa Gophane                               …Applicant
      Versus
The State of Maharashtra                             …Respondent


Mr. Prashant Hagare a/w. Ms. Ekta Patil, for the Applicant.
Mr. P. P. Jadhav, APP, for the Respondent-State.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATED :     5th OCTOBER 2026
PC:-


1.       Heard Mr. Hagare, learned Counsel appearing for the

Applicant 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.273 of 2026 registered with Indapur

Police Station, Pune Rural, Pune, for the offences punishable under

Sections 115(2), 125, 132, 189(2), 190, 191(2), 191(3), 351(2),

351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).




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3.       It is the contention of learned Counsel appearing for the

Applicant that all the offences, except the offence under Section

132 of the BNS, are bailable. He submits that under Section 132 of

the BNS, the maximum punishment is two years. He submits that

the incident as recorded in the FIR is an exaggerated version. He

submits that the Applicant went to the police station to help the

family of Snehal Satpute, whose father was a friend of the

Applicant and had passed away. He submits that there is a land

dispute between Satpute family and Shinde family. As the police

were not lodging the FIR at the instance of Satpute family against

the members of Shinde family, therefore, the Applicant requested

the police to lodge the said FIR. He submitted that in fact, the said

Satpute family had to approach the Superintendent of Police and

thereafter, the FIR has been registered.



4.       On the other hand, Mr. Jadhav, learned APP strongly opposes

the Anticipatory Bail Application. He submits that the offence is

very serious, where the Applicant has tried to deter the public

servants from discharging their duties and therefore, the

Anticipatory Bail Application be rejected.




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                                                     38-ABA-2226-2026.DOC




5.       The prosecution case is set out in paragraph No.2 of the

order dated 23rd July 2026, passed by the learned Additional

Sessions     Judge,   Indapur,   District-   Pune,   in   Criminal   Bail

Application No.137 of 2026, which reads as under:



            “2. The brief facts, which led to the registration of
            the FIR can be summarized as under-
            That on 09.05.2026, informant Kishori Bidve, a
            lady police Head Constable lodged the FIR with
            Indapur police station alleging that on
            09.05.2026, she along with the other police
            persons were present in the police station.
            Around 3.30 p.m., a lady by name Snehal Satpute
            alongwith her family members came to police
            station for lodging the FIR. She was asked to
            come inside the police station and her associates
            were asked to sit on the bench, outside the police
            station. While police constable Shelke was
            recording FIR of Snehal Satpute, a person by
            name Kiran Gophne came there, took Snehal
            outside the police station and immediately Kiran
            Gophne and his six associates came inside the
            police station and started a noisy disturbance /
            heated argument and also blamed the police as
            corrupt. While he was asked to keep quiet, he
            started videography by use of mobile phone and
            meanwhile Snehal Satpute took out from the bag,
            an inflammable liquid and poured the same on
            her body. Her associates also poured the said
            liquid on their body. When the police persons
            rushed forward to save their lives and to take
            away the bottle, they were abused & pushed.
            They threatened by saying that “today we have
            poured on our body, tomorrow we will pour the
            same on the body of police persons and set fire.
            Kiran Gophne threatened by saying that “




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               tomorrow also we will come and set on fire the
               police station". On hearing the ruckus, PI Nale
               came there and tried to pacify them but he was
               shown arrogant behavior. Making such
               allegations, she lodged the FIR and accordingly
               crime as above came to be registered. The
               applicant apprehends his arrest in the present
               crime and therefore, he is seeking protection by
               way of anticipatory bail.”


6.       Even as per the prosecution case, heated arguments took

place concerning the issue of lodging of the FIR. It is the

submission of learned Counsel appearing for the Applicant that an

exaggerated version is mentioned in the FIR. In any case, except

offence under Section 132 of the BNS, other offences are bailable

offences. As far as Section 132 of the BNS is concerned, the

maximum punishment is two years. There are no other

antecedents against the Applicant, except the offence registered by

said Shinde.



7.       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 Applicant-Kiran Satyappa

                 Gophane in connection with C.R. No.273 of 2026




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               registered with the Indiapur Police Station, Pune

               Rural, Pune, the Applicant is directed to be released

               on bail on his furnishing P.R. Bond in the sum of

               Rs.30,000/- with one or two solvent sureties in the

               like amount.

         (b)   The Applicant shall attend the concerned Police

               Station on 12th October 2026 and 13th October 2026

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

               with the investigation. Thereafter, the Applicant shall

               attend the concerned Police Station as and when

               called by the Investigating Officer.

         (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.




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         (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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