Bombay High Court
Subhash Baban Khapare And Ors vs State Of Maharashtra on 13 May, 2026
14-ABA-1232-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1232 OF 2026
Subhash Baban Khapare and Ors. ... Applicants
Versus
The State of Maharashtra ... Respondent
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Mr. Yatin Malvankar i/b Sugandh Deshmukh a/w Mr. Vaibhav
Thorave, Mr. Aniket Kanawade and Mr. Bhushan Deshmukh, for the
Applicants.
Ms. Rashmi S. Tendulkar, A.P.P., for the Respondent-State.
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CORAM : SANDESH D. PATIL, J.
DATE : 13 th MAY, 2026.
(VACATION COURT)
P.C. :
1. The present Application is filed by the Applicants praying for
pre-arrest bail in connection with C.R. No.0093 of 2026 registered
with Niphad, Nashik Rural Police Station on 09/04/2026 under
Sections 106(1), 223, 239, 3(5), 105 (added subsequently) of Bharatiya
Nyaya Sanhita, 2023 (BNS) and Section 11(1) of Prevention of Cruelty
to Animals Act, 1960
Manisha 1/3
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14-ABA-1232-2026.doc
2. Learned Counsel appearing for the Applicants states that this is
not a case to attract Section 105 of BNS. He states that they were not
at all the organizers of the Horse Cart Race although they were
organizers of the Yatra which was held few days prior to the date of
the incident. Learned Counsel further states that the alleged incident
took place on 06/04/2026 however, there is nothing to show that they
were organizers of the said Yatra.
3. Learned A.P.P. on the other hand states that she would like to file
affidavit to place on record the entire facts of the case.
4. In the meantime, till the next date, the Applicants are granted
interim protection on the following terms and conditions:
ORDER
(i) In the event of arrest, the Applicants- Mr. Subhash Baban Khapare, Mr. Rahul Bhagwan Khapare, Mr. Sanjay Karbhari Aher, Mr. Madhukar Trambak Kumbharde, Mr. Tanaji Murlidhar Khapare, Mr. Kishor Kailas Nikam and Mr. Sopan Manisha 2/3 ::: Uploaded on - 14/05/2026 ::: Downloaded on - 14/05/2026 20:48:24 ::: 14-ABA-1232-2026.doc Nivrutti Deokar be enlarged on bail in connection with C.R. No.0093 of 2026 registered with Niphad, Nashik Rural Police Station under Sections 106(1), 223, 239, 3(5), 105 (added subsequently) of Bharatiya Nyaya Sanhita, 2023 and Section 11(1) of Prevention of Cruelty to Animals Act, 1960 on executing P.R. Bond in the sum of Rs.25,000/- each with one or two sureties in the like amount;
(ii) The Applicants shall report to the Investigating Officer of the concerned Police Station on 28th May, 2026 to 3rd June, 2026 from 10:00 a.m. to 1:00 p.m.
5. At the request of learned A.P.P., stand over to 23 rd June, 2026.
(SANDESH D. PATIL, J.) Manisha 3/3 ::: Uploaded on - 14/05/2026 ::: Downloaded on - 14/05/2026 20:48:24 :::