Bombay High Court
SAMEER DADARAM KOKANE AND ORSversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
- Bench
- MADHAV JAMDAR
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 119(1), 189(2), 190, 191(2), 191(3), 324(1), 351(2), 351(3), 352
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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912-ABA-448-2026.DOC
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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