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Bombay High Court

RAJU YASHWANT KAMBLE @ RAJABHAU KAMBLEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Dismissed

Holding

The court held that, on the basis of prima facie evidence of the applicant’s involvement in the extortion and the risk of witness tampering, anticipatory bail under Section 482 could not be granted.

Summary

Raju Yashwant Kamble, President of a political party, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging that the FIR’s allegations of extortion under Sections 308(2), 308(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, pertained only to co‑accused Vinod Gaikwad. The State argued that Kamble himself filed a complaint with the municipal corporation, demanded money to halt further complaints, and was therefore directly involved. The court examined the FIR, statements, and the fact that the applicant is an influential political figure, concluding that there is prima facie involvement and a real risk of pressure on the complainant and witnesses. Consequently, the court found no sufficient ground to grant anticipatory bail. The application for anticipatory bail was dismissed.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 BNS, 2023 in view of the seriousness of the offences alleged under Sections 308(2), 308(3) and 3(5) of BNS, 2023.
  • Whether the applicant’s alleged involvement and political influence create a risk of witness tampering justifying denial of bail.
  • Whether the FIR’s allegations are limited to the co‑accused or also implicate the applicant.

Legislation cited

Subjects

  • anticipatory bail
  • extortion
  • political influence
  • Section 482
  • Bharatiya Nyaya Sanhita
  • witness tampering
  • criminal procedure

Judgment

                                                                           907.ABA-2050.26.DOC




                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             Digitally signed
             by PRACHI
PRACHI       PRANESH
PRANESH
NANDIWADEKAR
             NANDIWADEKAR               CRIMINAL APPELLATE JURISDICTION
             Date: 2026.08.27
             15:38:44 +0530
                                 ANTICIPATORY BAIL APPLICATION NO. 2050 OF 2026

                      Raju Yashwant Kamble @ Rajabhau Kamble                … Applicant
                      V/s.
                      State of Maharashtra                                  …. Respondent
                                                   ______________________
                      Mr. Priyal G. Sarda a/w Ms. Seema S. Dighe and Mr. Abhishek
                      Jare, for the Applicant.
                      Mr. Mayur Sonavane, APP for the Respondent-State.
                      Mr.Anna Darade, PSI attached to Bharati Vidya Peeth Police
                      Station, Pune City present.
                                                   ______________________


                                                   CORAM : MADHAV J. JAMDAR, J.
                                                   DATED : 25 AUGUST 2026
                      P. C. :-

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

                      Applicant and Mr. Darade, learned APP appearing for the

                      Respondent-State.


                      2.         By this application filed under Section 482 of the Bharatiya

                      Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-

                      arrest bail in connection with C.R. No. 345 of 2026 registered with

                      Bharati Vidyapith Police Station, Pune City for the offences




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                                                          907.ABA-2050.26.DOC




punishable under Sections 308(2), 308(3) and 3(5) of the

Bharatiya Nyaya Sanhita, 2023.


3.    The prosecution case is set out in paragraph nos. 2 and 3 of

the Anticipatory Bail Application which reads as under :-


      “2)     Prosecution story in short is as under:

               The First Informant is engaged in the construction business.
      It is alleged that after Pune Municipal Corporation demolished
      certain constructions pursuant to complaints made by Accused No.
      1, the First Informant approached the present Applicant, who
      informed him that Accused No. 1 was his worker. Thereafter,
      Accused No. 1 and the other co-accused allegedly demanded Rs.
      10,00,000/- from the First Informant on the assurance that they
      would withdraw the complaints and prevent further demolition. It is
      alleged that the First Informant paid Rs. 5,000/- through Google Pay,
      later Rs. 10,000/-, and also handed over a Titan wristwatch to the
      co-accused.

      3)      The First Informant has lodged FIR against the present
      Applicant and co-accused with present Respondent on 24.06.2026
      for the offences punishable U/s. 308 (2), 308 (3), 3 (5) of BNS,
      2023.”



4.    It is the submission of Mr. Sarda, learned counsel appearing

for the Applicant that all the allegations in the FIR are against the

co-accused-Vinod Gaikwad and the only allegation against the

present Applicant is that the first informant went to the office of

Republican Party of India (Sachin Ji Kharat Group, Pune City) and

had a meeting with the Applicant who is the President of said




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                                                      907.ABA-2050.26.DOC




political party of Pune City and that he assured that co-accused

Vinod Gaikwad would not file further complaints with the Pune

Municipal Corporation and that he would talk with co-accused

Vinod Gaikwad regarding not filing any further complaints with

the Pune Municipal Corporation with respect to the unauthorised

construction of the first informant. He submits that all other

allegations are against said Vinod Gaikwad and others as said

Vinod Gaikwad has demanded cash and goods for not filing further

complaints with the Pune Municipal Corporation.

5.    On the other hand, learned APP submits that the material on

record shows that in fact, the complaint has been filed not by the

co-accused Vinod Gaikwad but by the present Applicant i.e., Raju

Yashwant Kamble @Rajabhau Kamble in his capacity as a President

of Republican Party of India (Sachin Ji Kharat Group, Pune City)

regarding   unauthorised     construction      at   Survey   No.16/4/3,

Opposite Huzur Paga School, Pune and therefore, the Applicant is

not entitled for grant of Anticipatory Bail.

6.    Perusal of the record shows that in fact, the Applicant has

filed said complaint on 24 April 2026. The FIR shows that the

Applicant told the first informant that he should meet Vinod

Gaikwad and assured that no further complaints would be filed. As



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                                                  907.ABA-2050.26.DOC




per the FIR, the first informant met said Gaikwad who demanded

Rs.10 lakh and he also demanded certain more amounts. In fact,

during investigation, statement of one Jitendra Prakash Kale has

been recorded and from him also huge amounts are demanded for

not filing complaints regarding his unauthorised construction at

same site. In fact, certain amounts have been paid by Google Pay

also. Thus, this is a serious case where apart from the first

informant, the said Jitendra Prakash Kale has also lodged

complaint inter alia against the Applicant. The Applicant is the

President of said political party of which said Vinod Gaikwad is an

activist.

7.     Perusal of the record shows that complaint regarding

unauthorised construction has been filed by the Applicant with the

Pune Municipal Corporation and thereafter, certain portion of the

said unauthorised construction has been demolished. Thereafter,

the Applicant and co-accused are demanding huge amounts for not

filing further complaints. Thus, the offence is very serious. The

material on record shows prima facie involvement of the Applicant

in the crime. The Applicant is connected with the political party

and therefore, he is an influential person. Thus, the learned APP is

right in contending that there is apprehension that pressure will be



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                                                    907.ABA-2050.26.DOC




brought on the first informant and the witnesses. Accordingly, no

case is made out for grant of anticipatory bail.

8.    Anticipatory Bail Application is dismissed.




                                           [MADHAV J. JAMDAR, J.]




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