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2025 Supreme(Online)(Bom) 351676

HIGH COURT OF BOMBAY
Madhav J. Jamdar, J
Mhalu Narhari Bhabad – Appellant
Versus
State of Maharashtra – Respondent
ANTICIPATORY BAIL APPLICATION NO.3476 OF 2025



Advocates:
For the Appellants/Petitioners: Mr. Shailesh Kharat
For the Respondents: Ms. S.K. Gajre, APP

The court may grant anticipatory bail if the injuries are minor and the accused have no prior criminal record.

Headnote:By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), the Applicants are seeking pre-arrest bail in connection with C.R. No.45 of 2025 for offences under the Bharatiya Nyay Sanhita, 2023. The Court noted that there is rivalry between two families, and injuries involved were simple in nature with no antecedents against the Applicants. The Court framed the issue regarding the grant of anticipatory bail considering the involvement, nature of injuries, and previous orders granted. The Applicants are granted anticipatory bail, subject to conditions.

Table of Content
1. prosecution allegations against the applicants. (Para 2 , 3)
2. arguments presented by both sides. (Para 4 , 5)
3. court's observations and conditions for bail. (Para 6 , 7)
4. final judgment regarding the bail. (Para 8)

CORAM: MADHAV J. JAMDAR, J.

DATED : 17th December 2025

P.C.:

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

Applicants and Ms. Gajre, learned APP for the State.

2. By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“ BNSS ”), the Applicants are seeking pre-arrest bail in connection with C.R. No.45 of 2025, registered on 15th February 2025, with M.I.D.C., Sinnar Police Station, Nashik Rural, for the offences punishable under Sections 74 , 109(1), 118(1), 115(2), 333, 189(2), 189(4), 191(2), 190,

352, 351(2), 324(4) of the Bharatiya Nyay Sanhita, 2023 (“B.N.S.”).

3. The prosecution case is set out in paragraph No.2 of the Anticipatory Bail Application, which reads as under :-

“2.1. It is alleged that on 14/02/2025 at 4:30 pm, Sagar Bhabad was very drunk and along with his associates Atul Sonawane, Samadhan Somnath Kedar, Pranav Bhausaheb Kedar and others came to the shop of complainant and asked where is her son Tushar and looked at her angrily.

2.2. It is alleged that around 5:30 pm, Sagar Bhabad and his companions Atul Prakash Sonawane, Samadhan Somnath Kedar, Omkar Domade, Pranav Bhausaheb Kedar, Sagar Bhabad's wife Nirmala Sagar Bhabad, Ujwala Sandeep Bhabad came near Shivram Bhaguji Bhabad's house with iron rods, scythes, and swords in their hands and entered Shivram Bhaguji Bhabad's house abusing him in obscene language.

2.3. It is alleged that Sagar Bhabad came in front of complianant's mother-in-law Sarlabai Rakhma Bhabad, Bababai Shivram Bhabad, and Harshada Ganesh Bhabad who were in the house and abused them in obscene language. Looking at them, he took off his pants, made obscene gestures and used obscene language and did such an act that they would feel ashamed. After that, they all came out and started abusing all of complaint's family.

2.4. It is alleged that Sagar Bhabad and his friends Atul Prakash Sonawane, Samadhan Somnath Kedar, Omkar Domade, Pranav Bhausaheb Kedar, Sagar Bhabad's wife Nirmala Sagar Bhabad, Ujjwala Sandeep Bhabad, assaulted the Shivram Bhaguji Bhabad, Somnath Bhaguji Bhabad, Gorakhnath Somnath Bhabad, Anil Rakhma Bhabad, Karbhari Namdev Bhabad, Suraj Gorakh Bhabad, Shivram Bhaguji Bhabad, Ganesh Rakhma Bhabad, Shrirang Tukaram Bhabad, Rahul Shrirang Bhabad, Nikhil Shrirang Bhabad, Chhababai Somnath Bhabad, Bababai Shivrabh Bhabad, Sarsabai Rakhma Bhabad, Suman Shrirang Bhabad, Anita Karbhari Bhabad, Swati Karbhari Bhabad, Kausabai Namdev Bhabad, Divya Gorakh Bhabad, with weapons like iron rods and sickles in their hands.

2.5. Sandeep Bhabad, who came from behind, used some iron weapon in his hand to hit Gorakhnath Bhabad on the head and hand, when Suraj Gorakhnath Bhabad went to rescue him, Sandip Bhabad hit him on the right hand and seriously injured him. Then, while they were fighting, Jagan Narhari Bhabad, Mhalu Narhari Bhabad, Akshay Mhalu Bhabad, Omkar Jagan Bhabad, Mira Jagan Bhabad, Rakhma Mhalu Bhabad, Sagar Rambhau Karad, Sanket Mhalu Bhabad came from behind and they also beat Gorakhnath Somnath Bhabad, Anil Rakhma Bhabad, Karbhari Namdev Bhabad, Suraj Gorakh Bhabad, Shivram Bhaguji Bhabad, Ganesh Rakhma Bhabad, Shrirang Tukaram Bhabad, Rahul Shrirang Bhabad and others with iron rods and axes in their hands and caused them to suffer. Also, the Scorpio car no. MH04 DW 5902 was also damaged by breaking the glass. When Ganesh Rakhma Bhabad was driving away from there in a hurry, suddenly Sagar, who was in a Maruti-Bhabad, got hit by the car and got injured. When the other people who were with him left there, shouting insults loudly. After that, all of us who were injured came to Shivaji Hospital in Sinnar for treatment. And according FIR came to be lodged against the present Applicants and other co-accused persons.”

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