Subhash Baban Khapare And Ors vs State Of Maharashtra
2026 Latest Caselaw 5040 Bom

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
                         --------------------
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.
                           --------------------
                          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

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.)