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Bombay High Court

SHUBHAM SHARAD JAGTAPversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Anticipatory bail is granted to the applicant with specified conditions.

Summary

The applicant filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre‑arrest bail for offences alleged under several sections of the Bharatiya Nyaya Sanhita, 2023. The FIR alleges the applicant participated in an assault captured on CCTV, but the applicant is not shown in the footage, and the prosecution points to three antecedent cases against him. The defence argued that the main allegations target the co‑accused, the applicant’s brother, and that the applicant’s involvement is unsubstantiated. The court noted that the investigation is essentially complete, with four of seven accused already arrested and charge‑sheets filed, but considered the lack of visual evidence and the applicant’s antecedents. Balancing these factors, the court granted anticipatory bail subject to stringent conditions, including a surety bond, weekly police reporting, non‑interference with witnesses, and travel restrictions. The order disposes of the anticipatory bail application in the applicant’s favour.

Issues considered

  • Whether anticipatory bail should be granted to the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita despite the FIR allegations and antecedent cases.
  • Whether the absence of the applicant’s image in CCTV footage negates the prosecution’s case against him.
  • Whether stringent bail conditions are sufficient to safeguard the investigation and trial.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • CCTV evidence
  • antecedent cases
  • bail conditions
  • criminal procedure

Judgment

                                                                       910-ABA-2348-2026.DOC




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION
                              ANTICIPATORY BAIL APPLICATION NO.2348 OF 2026
ARJUN
VITTHAL               Shubham Sharad Jagtap                                …Applicant
KUDHEKAR                    Versus
Digitally signed by
ARJUN VITTHAL
                      The State of Maharashtra & Anr.                      …Respondents
KUDHEKAR
Date: 2026.09.08
20:26:21 +0530

                      Mr. Vishal M. Deshmukh a/w Pratima Upadhyay, for the Applicant.
                      Ms. S. M. Yadav, APP, for the Respondent-State.
                      PSI Mustafa Shaikh, Mumbai Naka Police Station, Nashik City,
                      present.


                                            CORAM:       MADHAV J. JAMDAR, J.
                                            DATED:       08 SEPTEMBER 2026
                      PC:-


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

                      Applicant and Ms. Yadav, learned APP, for the Respondent-State of

                      Maharashtra.


                      2.      By this Anticipatory Bail Application filed under Section 482

                      of the Bharatiya Nagarik Suraksha Sanhita, 2023 , the Applicant is

                      seeking pre-arrest bail in connection with CR No.248 of 2026

                      registered with the Mumbai Naka Police Station, Nashik City, for

                      the offences punishable under Sections 109, 115, 352, 351(2),

                      189(2), 191(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita,

                      2023.




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                      Arjun
                                                    910-ABA-2348-2026.DOC




3.      It is the submission of Mr. Deshmukh, learned Counsel

appearing for the Applicant that although the FIR records that the

Applicant is seen in a CCTV footage assaulting the victim, however,

the Applicant is not seen in the CCTV footage. He submits that the

Applicant’s name is mentioned in the FIR, as the main allegations

are made against the Co-Accused who is the real brother of the

Applicant. He submits that, however, the Applicant is not at all

involved in the crime.


4.      On the other hand, Ms. Yadav, learned APP, for the

Respondent-State, submits that the Applicant is involved in the

crime. However, on instructions, she submits that the Applicant is

not seen in the CCTV footage. She submits that there are

antecedents against the Applicant.


5.      Mr.   Deshmukh,   learned         Counsel   submits   that   the

antecedents are disclosed in the Affidavit filed in support of the

Anticipatory Bail Application and the same is made part of the

Anticipatory Bail Application.


6.      The prosecution case is set out in Paragraph No.2 of the

Order dated 20th July 2026 passed by the learned Additional




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                                                  910-ABA-2348-2026.DOC




Sessions Judge, Nashik, which reads as under:


        “2]     The survey of the prosecution case would reveal
        that from the averments made in the FIR, it revealed that
        on 25.05.2026, at about 03:15 p.m., the named accused
        persons in the FIR have seriously injured her brother
        namely Satish and Santosh by assaulting them with a
        metal ladder, ball pen, paint boxes, tile and by fist and
        kick blows, as they have refused to pay ransom to them
        for allowing them to run their business in the locality.
        They attempted to kill her brother. Hence, the
        complaint.”

7.       Although the FIR records that the Applicant has assaulted

the injured, however, admittedly the entire incident has been

captured by the CCTV and the Applicant is not seen in the CCTV

footage.


8.       There are a total of seven Accused. Four Accused have been

arrested. The Charge-sheet has been filed against two arrested

Accused. Thus, the investigation is practically completed.


9.       Accordingly, in the facts and circumstances, case is made out

for grant of anticipatory bail. However, as there are three

antecedents against the Applicant, stringent conditions are

required to be imposed.


10.      In view thereof, the following Order is passed:



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                                                 910-ABA-2348-2026.DOC




                              ORDER

        (a)   In the event of arrest of the Applicant - Shubham

              Sharad Jagtap in connection with CR No.248 of 2026

              registered with the Mumbai Naka Police Station,

              Nashik City, the Applicant is directed to be released on

              bail on his furnishing PR Bond in the sum of

              Rs.30,000/- with one or two solvent sureties in the

              like amount.

        (b)   The Applicant shall attend the concerned Police

              Station, once in a week i.e. on every Monday between

              11:00 am and 02:00 pm.

        (c)   The Applicant shall furnish his cell phone number and

              residential address to the Investigating Officer and

              shall keep the same updated, in case of any change

              thereto.

        (d)   The Applicant shall not directly or indirectly make any

              inducement, threat, or promise to any person

              acquainted with the facts of the case so as to dissuade

              such a person from disclosing the facts to the Court or

              to any Police personnel.




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                                                  910-ABA-2348-2026.DOC




        (e)   The Applicant shall not tamper with the prosecution

              evidence and shall not contact or influence the

              Complainant or any witness in any manner.

        (f)   The Applicant shall not leave India without prior

              permission of the Court.


11.     The Anticipatory Bail Application is disposed of accordingly.




                                           [MADHAV J. JAMDAR, J.]




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