Bombay High Court
SAGAR SHIVAJI DHAPATE AND ANRversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court granted anticipatory bail to the applicants, subject to prescribed conditions.
Summary
The applicants, Sagar Shivaji Dhapate and Avinash Mahindra Chavan, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with FIR No. 188 of 2026 alleging offences under the Arms Act, 1959 and several provisions of the Bharatiya Nyaya Sanhita, 2023. The FIR arose from a dispute over dog bites that escalated into a physical assault, resulting in a fractured hand for the complainant. The prosecution alleged that the applicants participated in the assault, but the court noted the absence of any criminal antecedents and that the incident stemmed from a personal altercation. Weighing the need to protect the applicants' liberty against the investigatory requirements, the court found the case suitable for anticipatory bail. Consequently, the court ordered that the applicants be released on bail upon furnishing a personal bond of Rs.10,000 each with sureties, and imposed standard conditions such as cooperation with police and non‑interference with witnesses.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 482 of the BNSS, 2023 in the present case?
- Do the allegations under the Arms Act, 1959 and the BNS, 2023 establish a prima facie case warranting arrest?
- Whether the applicants' right to liberty outweighs the investigation's interest in their detention?
Legislation cited
- Arms Act, 1959 — s. 25, 4
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 118(1), 126(2), 189(4), 190, 191(3)
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- Arms Act
- assault
- police investigation
- bail conditions
Judgment
934-ABA-2743-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2743 OF 2026
Sagar Shivaji Dhapate & Anr. …Applicants
Versus
The State of Maharashtra …Respondent
Mr. Ganesh Bhujbal, for the Applicant.
Mrs. M. R. Tidke, APP, for the Respondent-State.
Mr D. N. Doiphode, Police Hawaldar, attached to Walchandnagar
Police Station, Pune, present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 30th SEPTEMBER 2026
PC:-
1. Heard Mr. Bhujbal, learned Counsel appearing for the
Applicant and Mrs. Tikde, 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.188 of 2026 registered with
Walchandnagar Police Station, Pune Rural, Pune, for the offences
punishable under Sections 25 and 4 of the Arms Act, 1959 and
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934-ABA-2743-2026.DOC
Sections 118(1), 190, 189(4), 126(2) and 191(3) of the Bharatiya
Nyaya Sanhita, 2023 (“BNS”).
3. The relevant details are as under:
1. Name and Age of the Applicants 1. Sagar Shivaji Dhapate
Age 34 yrs.
2. Avinash Mahindra
Chavan Age 27 yrs.
2. C.R. No. 188 of 2026
3. Police Station Walchandnagar
4. Date of Incident 10/06/2026
5. Date of Registration of F.I.R. 10/06/2026
6. Sections applied in F.I.R. Sections 25 and 4 of the
Arms Act, 1959 and
118(1), 190, 189(4),
126(2), 191(3) of the
BNS.
7. Date of Arrest of Applicant -
8. Date of filing of Charge-sheet, if any. -
9. Sections applied in Charge-sheet -
10. Any Special Statute invoked -
11. Total number & Age of One Victim aged 47 yrs.
Deceased/Victim
12. Total Number of Accused Six
13. Anticipatory Bail/Regular Bail The main accused No.1
granted to any other Accused is enlarged on regular
bail by the Trial Court.
4. The prosecution case is set out in paragraph No.2 of the
order dated 22nd September 2026, passed by the learned
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934-ABA-2743-2026.DOC
Additional Sessions Judge, Indapur, District- Pune, in Criminal Bail
Application No.171 of 2026, which reads as under:
“2. The brief facts, which led to the filing of the
FIR can be summarized as under -
That on 10.06.2026 informant Sanjay Gawade
lodged the FIR with Walchandnagar Police
Station alleging that on 09.06.2026, dog of Akash
Gawade had took bite to his dog. When the same
was questioned, Akash Gawade abused &
threatened him to kill. On 10.06.2026, around
08.00 am, while he was proceeding by his
motorcycle, Akash Gawade, Sagar Dhapate,
Avinash Jadhav, Dada Chougule & other two
unknown persons came there by their two
motorcycles & intercepted his motorcycle. He was
encircled by them. Akash Gawade abused & gave
strokes of Koyta on his right hand whereby, he
sustained bleeding injury. He rushed to the
hospital where, doctor informed him that his
right hand was fractured & advised operation.
Making such allegations, he lodged FIR in the
Walchandnagar Police Station. Accordingly, C. R.
No. 188/2026 came to be registered at
Walchandnagar Police Station. During the course
of investigation Akash came to be arrested and
therefore, applicants apprehend their arrest in
the present crime and therefore, they are seeking
protection by way of anticipatory bail.”
5. Even as per the prosecution case, the incident has taken
place concerning fights between two dogs. As far as the present
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934-ABA-2743-2026.DOC
Applicants are concerned, there are no criminal antecedents
against them.
6. 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 Applicants-Sagar Shivaji
Dhapate and Avinash Mahindra Chavan in connection
with C.R. No.188 of 2026 registered with the
Walchandnagar Police Station, Pune Rural, Pune, the
Applicants are directed to be released on bail on their
furnishing P.R. Bond in the sum of Rs.10,000/- each
with one or two solvent sureties each in the like
amount.
(b) The Applicants shall attend the concerned Police
Station as and when called by the Investigating Officer
and shall cooperate with the investigation.
(c) The Applicants shall furnish their cell phone number
and residential address to the Investigating Officer
and shall keep the same updated, in case of any
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934-ABA-2743-2026.DOC
change thereto.
(d) The Applicants 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 Applicants shall not tamper with the prosecution
evidence and shall not contact or influence the
Complainant or any witness in any manner.
7. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.09.30
17:56:26
+0530
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