Bombay High Court
CHANDARANI GORAKH KASPATEversusTHE STATE OF MAHARASHTRA
- Disposal
- Allowed
Holding
The Court allowed the anticipatory bail application, granting bail with conditions and making the order absolute.
Summary
Chandarani Gorakh Kaspate, a woman, applied for anticipatory bail after an FIR (No.27/2026) alleged she assaulted an informant with a stone, while a counter‑FIR (No.28/2026) also implicated another accused. The applicant highlighted that the principal alleged offender was a co‑accused, Lalita Bajirao Khomane, who had already received interim protection from the same court. The State opposed the bail but waived service of notice, and both parties agreed that the applicant had cooperated with the investigation and that custodial interrogation was unnecessary. The Court, noting the applicant's clean record, the existence of a co‑accused already on bail, and the need to protect the applicant pending investigation, granted anticipatory bail with a personal bond and several conditions. The order was later confirmed as absolute, adding further conditions regarding appearance before the investigating officer, non‑interference with witnesses and evidence, and furnishing of residential details. Consequently, Anticipatory Bail Application No. 336 of 2026 was disposed with bail granted.
Issues considered
- What is the appropriate exercise of discretion in granting anticipatory bail under the Bharatiya Nyaya Sanhita, 2023?
- Whether the applicant’s cooperation with investigation and lack of prior criminal record justify bail despite serious offences alleged under sections 118(1), 118(2), 3(5) and 352?
- Whether the bail granted to a co‑accused influences the decision to grant bail to the applicant?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 118(1), 118(2), 3(5), 352
Subjects
- anticipatory bail
- bail conditions
- assault
- Bharatiya Nyaya Sanhita
- women offender
- investigation cooperation
- co‑accused
Judgment
24-ABA-336-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 336 OF 2026
Chandarani Gorakh Kaspate … Applicant
Versus
The State of Maharashtra … Respondent
__________________________________________________________
Mr. Priyal Sarda, for the Applicant through VC.
Dr. A. A. Takalkar, APP for the Respondent – State
__________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 19th August, 2026.
P.C. :
1. Heard Mr. Priyal Sarda, learned Advocate for the Applicant
and Dr. A. A. Takalkar, learned APP for the Respondent – State.
2. On 30.06.2026, the following order was passed :-
1. Issue notice to the respondents, returnable on
14th July 2026.
2. Learned APP waives service of notice on behalf of
the respondents- State.
3. Learned counsel for the applicant submits that
the applicant is a woman and that the only allegation
against her is that she assaulted the informant with a
stone. The principal role has been attributed to the other
co-accused. He further submits that F.I.R. No. 27 of 2026
has been lodged by Navnath Kaspate, whereas there is a
counter F.I.R. bearing No. 28 of 2026 lodged by
Gorakhnath Kaspate, wherein the said Navnath Kaspate
has also been arraigned as an accused. It is submitted that
the applicant is a woman, has no criminal antecedents, and
is willing to abide by any condition that may be imposed
Arjun 1
24-ABA-336-2026.doc
by this Court. He further submits that the co-accused,
Lalita Bajirao Khomane, against whom identical allegations
have been levelled, has already been granted interim
protection by this Court by order dated 28th April 2026
passed in Anticipatory Bail Application No. 223 of 2026.
Hence, the applicant my be protected.
4. Taking into consideration the aforesaid
submissions, particularly the fact that the co-accused,
against whom identical allegations have been levelled, has
already been granted interim protection by this Court, I am
inclined to grant interim protection to the applicant till the
investigation papers are perused, however, on certain
conditions. Hence, the following order:
ORDER
i. Chandarani Gorakh In the event of arrest of the
Applicant Kaspate, he be released on bail on furnishing P.R.
Bond of Rs. 50,000/-(Rupees Fifty Thousand only) with
one or two solvent sureties in the like amount, in
connection with FI.R. No. 27 of 2026, dated 26/02/2026,
registered with Pangri Police Station, District Solapur
Rural, for the offences punishable under Sections 118 (1),
118 (2), 3 (5), 352 of the Bharatiya Nyaya Sanhita, 2023,
on the following conditions:-
(A) The Applicant shall attend the concerned Police
Station and report to the Investigating Officer only on 6th
July 2026 and 9th July 0226 between 12:00 noon and
02:00 p.m...
(B) The Applicant shall also cooperate with the
investigation.
(c) The Applicant shall not pressurize the
prosecution witnesses and shall not tamper with the
prosecution evidence, in any manner.
5. Needless to say, violation of any of the aforesaid
conditions may entitle the prosecution to seek cancellation
of the interim relief granted herein above.
6. The Investigating Officer shall make available the
investigation papers on the next date of hearing.
Arjun 2
24-ABA-336-2026.doc
7. Stand over to 14th July 2026. To be heard along
with Anticipatory Bail Application No. 223 of 2026.
3. Mr. Priyal Sarda, learned Advocate for the Applicant, states
that the Applicant has appeared before the Investigating Officer,
Pangri Police Station, Solapur Rural, and co-operated with the
investigation in Crime No. 27 of 2026. He, on instructions from the
Applicant submits that the Applicant shall co-operate with the
investigation and appear before the Investigating Officer as and
when required.
4. Dr. A. A. Takalkar, learned APP, on instructions from the
Investigating Officer, Pangri Police Station, Solapur Rural, states
that the Applicant has appeared before the Investigating Officer
and co-operated with the investigation in Crime No. 27 of 2026.
He again, on instructions from the Investigating Officer, states that
custodial interrogation of the Applicant is not required in Crime
No. 27 of 2026.
5. In view of the above, this Application is allowed by
confirming the order dated 30.06.2026 and making it absolute
with the following additional conditions :-
Arjun 3
24-ABA-336-2026.doc
(a) The Applicant shall appear before the
Investigating Officer, Pangri Police Station, Solapur
Rural, as and when required by the Investigating
Officer in Crime No. 27 of 2026.
(b) Applicant shall not, directly or indirectly,
make any inducement, threat or promise to any
person /s acquainted with the facts of the case, to
dissuade such person /s from disclosing those facts
to the Court or any police officer. Applicant shall
not tamper with evidence.
(c) The Applicant shall provide the
Investigation, Pangri Police Station, Solapur Rural,
with her residential address along with proof, her
contact number and must inform the Investigating
Officer of any changes to this information from
time to time.
6. Anticipatory Bail Application No. 336 of 2026 is disposed
of.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date: Arjun 4
2026.08.20
20:43:07
+0530
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