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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 125, 132, 189(2), 190, 191(2), 191(3), 351(2), 351(3), 352
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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