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Bombay High Court

SHUBHAM VIKAS RAJPUREversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The Court granted anticipatory bail to the applicant with strict conditions, finding that the circumstances did not warrant denial of bail.

Summary

The applicant, Shubham Vikas Rajpure, sought anticipatory bail under Section 438 of the CrPC in connection with a case alleging attempted murder and assault (IPC Sections 307, 504, 506 read with Section 34). The FIR was lodged five days after the incident and did not initially name the applicant; his involvement was first recorded in a supplementary statement three months later. The applicant had been in custody for a different case for over three years and was released on bail in January 2026, making him available for interrogation, and the investigation in the present case was nearly complete. The State opposed bail, citing fourteen prior antecedents, while the applicant highlighted acquittals and wrongful accusations in other matters. The Court, noting the lack of direct evidence linking the applicant to the crime and his availability for investigation, granted anticipatory bail with stringent conditions, including a bond, reporting requirements, and restrictions on contacting witnesses.

Issues considered

  • Whether anticipatory bail should be granted to the applicant under Section 438 CrPC despite prior criminal antecedents and alleged involvement in the offence.
  • Whether the delay in naming the applicant in the FIR and the availability of the applicant for custodial interrogation affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • IPC Sections 307 504 506 34
  • prior antecedents
  • bail conditions
  • investigation
  • supplementary statement

Judgment

                                                 909-ABA-441-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO.441 OF 2026


Shubham Vikas Rajpure                               …Applicant
      Versus
The State of Maharashtra                            …Respondent


Mr. Shailesh Kharat a/w. Mr. Onkar Chaudhari, for the Applicant.
Ms. R. V. Newton, APP, for the Respondent-State.
Mr. Kashiraj Vitthal Jadhav, GPSI, attached to Baramati Police
Station, Pune, present.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATED :     17th FEBRUARY 2026
PC:-


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

Applicant and Ms. Newton, learned APP appearing for the

Respondent-State.



2.       This application is filed under Section 438 of the Code of

Criminal Procedure, 1973 seeking pre-arrest bail in connection

with C.R. No.488 of 2022 registered with Baramati Police Station,

Pune Rural, District-Pune, for the offences punishable under

Sections 307, 504, 506 read with Section 34 of the Indian Penal

Code, 1860.




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3.       The prosecution case is set out in paragraph No.2 of the

order dated 20th June 2024 passed by the learned Additional

Sessions Judge, Baramati, District-Pune, in Sessions Case No.89 of

2023, which reads as under:



          “2. It is case of prosecution that, on 11/09/2022 at
          about 10.30 p.m. first informant Gaurav Akash
          Tawre was chitchatting with his friends on the road
          in front of Pooja Hotel, MIDC, Baramati. That time,
          present applicant/accused and other co-accused
          came near to him and asked whereabouts of Sagar
          Kajale, who is friend of first informant and they
          committed rioting there. Whereupon, he replied
          that, he do not know his whereabouts. On this
          count, accused persons took first informant in front
          of Chaudhar Wine Shop and for not telling
          whereabouts of Sagar Kajale, in furtherance of their
          common intention to kill first informant, gave Axe
          blows on his neck and below the ear. Thereafter,
          when first informant trying to escape from the
          clutches of accused persons, they caught him and
          gave Axe blows on his chest, shoulder, head and
          near the left eye and tried to kill him. In the said
          incident first informant got severe injuries and he
          wasshifted to the hospital. During treatment in the
          hospital, he lodged his report with the police.”

4.       It is the submission of Mr. Kharat, learned Counsel appearing

for the Applicant that the FIR has been lodged on 16 th September

2022. There is delay of five days in filing the FIR. He submits that

the Applicant was arrested in C.R. No.563 of 2022 on 5 th

November 2022 and the Applicant was behind bars for about three



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years and thereafter, the Applicant has been released on bail on

13th January 2026. He submits that therefore, the Applicant was

available for the investigation and therefore custodial interrogation

is not necessary. He submits that the name of the Applicant has not

been mentioned in the FIR and the Applicant’s name has been for

the first time mentioned in the Supplementary Statement of the

First Informant dated 12th December 2022 i.e. after a period of

about three months. He submits that the Applicant is not involved

in the crime. He submits that although there are 10 antecedents

against the Applicant, the details of the same are disclosed in the

Anticipatory Bail Application. He submits that in three cases, the

Applicant has been acquitted and in one case, although his name is

not mentioned in the FIR, the Applicant has been wrongly made

accused. He submits that in other cases, the Applicant has been

released on bail.



5.       Ms. Newton, learned APP appearing for the Respondent-

State strongly opposes the Anticipatory Bail Application. She

submits that there are 14 antecedents against the Applicant. She

submits that the Applicant is involved in the crime therefore, the

Anticipatory Bail Application be rejected.




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6.       Perusal of the record shows that the incident in question has

taken place on 11th September 2022. The FIR has been registered

on 16th September 2022 i.e. after a period of five days. The

Applicant’s name has not been mentioned in the FIR. The

Applicant was arrested in C.R. No.563 of 2022 on 5 th November

2022. Thereafter, in Supplementary Statement of the First

Informant recorded on 12th December 2022, the Applicant’s role is

disclosed. Admittedly, the Applicant was released on bail by a

learned Single Judge by order dated 13 th January 2026 passed in

Criminal Bail Application No.1213 of 2025. Thus, the Applicant

was available for the custodial interrogation to the Respondent-

State of Maharashtra for more than three years. During that

period, the Applicant was not arrested in this case. The

Supplementary Statement also do not disclose the direct role of the

Applicant in the crime. Perusal of the record further shows that the

chargesheet has been filed against the other accused. Thus, the

investigation is almost completed.



7.       While releasing the Applicant on bail, a learned Single Judge

by the said order dated 13 th January 2026 has imposed the

condition that the Applicant shall not enter in Baramati Taluka till




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recording of the evidence of the First Informant and witnesses in

said case arising out of C.R. No.563 of 2022. Therefore, the

Applicant is residing with his uncle Mr. Shekhar Tambe at Tambe

Wade, Varude, Tal. Khed, Dist. Pune.



8.       In any case, in the facts and circumstances, case is made out

for grant of Anticipatory Bail. However, as there are several

antecedents against the Applicant, stringent conditions are

required to be imposed upon him. In view thereof, the following

order is passed:


                               ORDER

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

               Rajapure in connection with C.R. No.488 of 2022

               registered with the Baramati Police Station, Pune

               Rural, District-Pune, the Applicant is directed to be

               released on bail on his furnishing P.R. Bond in the sum

               of Rs.1,00,000/- with one or two solvent sureties in

               the like amount.

         (b)   The Applicant shall attend the Baramati Police Station,

               Pune Rural, District-Pune, on 23rd February 2026 and




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               24th February 2026 between 11:00 a.m. to 02:00 p.m.

               and shall co-operate with the investigation. Thereafter,

               the Applicant shall attend the Khed Police Station,

               District-Pune, on every Sunday between 11:00 a.m. to

               02:00 p.m. till conclusion of the trial.

         (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.

         (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 learned Trial Court/concerned

               Sessions Court.




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9.       The Anticipatory Bail Application is disposed of accordingly.




                                            [MADHAV J. JAMDAR, J.]




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