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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

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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