Extracted from the PDF above. The PDF is authoritative.
910-ABA-2348-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2348 OF 2026 Shubham Sharad Jagtap …Applicant Versus The State of Maharashtra & Anr. …Respondents 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. Page 1 Arjun ARJUN VITTHAL KUDHEKAR Digitally signed by ARJUN VITTHAL KUDHEKAR Date: 2026.09.08 20:26:21 +0530
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 Page 2 Arjun
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: Page 3 Arjun
910-ABA-2348-2026.DOC O R D E R (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. Page 4 Arjun
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.] Page 5 Arjun