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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115, 189(2), 190, 191(2), 191(3), 351(2), 352
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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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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(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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