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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 308(2), 308(3), 3(5)
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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