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Bombay High Court

SAMEER DADARAM KOKANE AND ORSversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The Court granted anticipatory bail to all six applicants with conditions, finding that the facts warranted bail despite the seriousness of the alleged offences.

Summary

The State of Maharashtra filed an FIR (C.R. No.915 of 2025) alleging that the applicants, members of the Kokane family, assaulted the informant and his relatives with iron rods, sticks, and chilli powder during a land dispute, causing injuries including a fracture. The applicants filed a cross‑FIR (C.R. No.916 of 2025) and sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, contending that most charges are bailable and that no extortion occurred. The State opposed the bail, emphasizing the seriousness of the offences and the use of dangerous weapons. The Court noted the existence of a civil dispute, the cross‑FIR, and the injury to one applicant, and concluded that the circumstances justified granting anticipatory bail with strict conditions. Accordingly, the Court ordered release on bail for all six applicants upon furnishing a personal bond and sureties, and imposed conditions such as regular police reporting, non‑interference with witnesses, and furnishing contact details.

Issues considered

  • Whether anticipatory bail should be granted to the applicants under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences.
  • Whether the offence under Section 119(1) of the Bharatiya Nyaya Sanhita, 2023 (extortion) is made out from the FIR.
  • Whether the existence of a cross‑FIR and pending civil dispute influences the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • cross FIR
  • land dispute
  • violent assault
  • bailable offences
  • conditions of bail

Judgment

                                                  912-ABA-448-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO.448 OF 2026


Sameer Dadaram Kokane & Ors.                         …Applicants
      Versus
The State of Maharashtra                             …Respondent


Mr. Satyam Harshad Nimbalkar i/b. Mr. Abhishek Ulhas Arote, for
the Applicant.
Ms. G. P. Mulekar, APP, for the Respondent-State.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATED :     17th FEBRUARY 2026
PC:-


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

Applicant and Ms. Mulekar, learned APP appearing for the

Respondent-State.



2.       This application is filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in

connection with C.R. No.915 of 2025 registered with Indapur

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

Sections 115(2), 119(1), 189(2), 190, 191(2), 191(3), 324(1),




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351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023

(“the BNS”).



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

order dated 9th February 2025 passed by the learned Additional

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

No.389 of 2025, which reads as under:


          “2. The brief facts, which led to the filing of FIR can
          be summarized, as under -
          The FIR dated 14.12.2025 came to be lodged at
          Indapur Police Station by informant Amol Kokane
          alleging that on that day, his cousin Akash asked
          him to come to the field as there was possibility of
          quarrel. Accordingly, he went towards the land
          where present applicants Pandurang, Santosh,
          Sachin, Samir, Sakharam and Sandesh and their
          associates were present and were armed with iron
          rod, sticks and chilly powder. Associate Dadaram
          threw chilly powder in the eyes of Akash and
          snatched gold chain from his neck. Applicants
          Sachin and Pandurang caught-hold of Vikas and
          applicants Santosh gave strokes of iron rod on the
          head of Vikas. Similarly, applicant Pandurang took
          bite to the neck of Vikash. Applicant Samir gave
          strokes of sticks on his head and applicant Sandesh
          asaulted him by stick. Similarly applicant Santosh
          hit a stone on the back of Akash. When his father
          Popat rushed forward, he was assaulted by
          applicant Sakharam by means of stick and applicant
          Pandurang took bite on the shoulder of his father.
          They all abused and threatened to kill and left the
          spot. In the incident, he and his brother Vikas
          sustained bleeding injuries and other sustained



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          injuries and therefore, they rushed to the police
          station for lodging FIR. Vikas was admitted in the
          hospital. Making such allegations, the FIR came to
          be lodged and accordingly crime came to be
          registered.”

4.       It is the submission of Mr. Nimbalkar, learned Counsel

appearing for the Applicants that the First Informant and the

Applicants are close relatives and there is dispute between them

regarding ancestral land. There are civil disputes and various

complaints and cross-complaints have been filed against each

other. He submits that even as far as the subject FIR is concerned,

there is cross FIR filed by the present Applicant being C.R. No.916

of 2025. He submits that except the offence under Section 119(1)

of the BNS, other offences are bailable offences. He submits that

even perusal of the FIR shows that there is no allegations

regarding extortion and therefore, offence under Section 119(1) of

the BNS is not made out. He submits that in fact, the Applicant

No.3 has suffered fracture in the incident in question. He therefore,

submits that the pre-arrest bail be granted.



5.       On the other hand, Ms. Mulekar, learned APP appearing for

the Respondent-State strongly opposes the Anticipatory Bail

Application. She submits that there are three antecedents against




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the Applicants. The offence is very serious and the Applicants have

used chilly powder, iron rod and sickle in the incident in question.

She therefore, submits that the Anticipatory Bail Application be

rejected.



6.       Perusal of the record shows that this is case of cross FIR, the

Applicant No.3 has suffered fracture and grievous injuries. The

civil suit filed by the Applicants against the First Informant and his

family member is pending.



7.       Thus, in the facts and circumstances, 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 No.1-Sameer

               Dadaram Kokane, the Applicant No.2-Pandurang

               Sakharam Kokane, the Applicant No.3- Santosh

               Bhimrao Mind, the Applicant No.4-Sachin Sakharam

               Kokane,    the   Applicant   No.5-Sakharam     Bhagwan

               Kokane and the Applicant No.6-Sandesh Dadaram

               Kokane in connection with C.R. No.915 of 2025




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               registered with the Indapur Police Station, District-

               Pune, the Applicants are directed to be released on

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

               Rs.25,000/- with one or two solvent sureties each in

               the like amount.

         (b)   The Applicants shall attend the Indapur Police Station,

               District – Pune, on every Sunday between 11:00 a.m.

               to 02:00 p.m. till filing of the chargesheet and shall

               cooperate with the investigation. In addition, the

               Applicants shall attend the concerned Police Station as

               and when called.

         (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

               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




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                        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.]


       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.02.18
       10:10:53
       +0530




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