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Bombay High Court

Shubham Namdev More vs State Of Maharashtra on 26 November, 2025

Author: Madhav J. Jamdar

Bench: Madhav J. Jamdar

2025:BHC-AS:51322                                                       924-ABA-3239-2025.DOC

                                                                                        Akash Tayde




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
                           ANTICIPATORY BAIL APPLICATION NO.3239 OF 2025

                    Shubham Namdev More                                      ...Applicant
                          Versus
                    The State of Maharashtra                                 ...Respondent


                    Mr. Prashant Hagare a/w Ekta Patil, for the Applicant.
                    Ms. S. M. Yadav, APP, for the Respondent- State.
                    Mr. Yuvraj Patil, PSI, attached to Baramati Taluka Police Station,
                    present.



                                               CORAM:      MADHAV J. JAMDAR, J.
                                               DATED :     26th NOVEMBER 2025
                    PC:-


                    1.     Heard Mr. Prashant Hagare, learned Counsel appearing for

                    the Applicants and Ms. Yadav, learned APP appearing for the

                    Respondent-State.



                    2.     This application is filed under Section 482 of the Bharatiya

                    Nagarik Suraksha Sanhita, 2023 ("BNSS") seeking pre-arrest bail

                    in connection with C.R. No.441 of 2025 registered on 28th October

                    2025 with Baramati Police Station District Pune (Rural) for the

                    offences punishable under Sections 115(2), 308(5), 351(2),




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 351(3), 352 and under Section 3(5) of the Bharatiya Nyaya

 Sanhita, 2023 ("BNS").



 3.      By order dated 12th November 2025 passed by the learned

 Additional Sessions Judge, Baramati, District Pune in Anticipatory

 Bail Application filed by the Applicant being Criminal Bail

 Application No.855 of 2025 the same has been rejected. In the said

 order the prosecution case is set out in Paragraph Nos. 2 to 6

 which reads as under :-


              "2.     The allegations in the FIR are summarized
              as under:

                 In the month of October 2024, informant had
              gone to Hotel Samrat situated at City in Chowk,
              Baramati for dinner, at that time accused No.1
              Neeraj was met to him. Thereat, accused No.1 gave
              threat to the informant saying that he is a don in
              Baramati City and he compelled the informant to
              pay his hotel bill of Rs.2,000/- on that day. He had
              collected mobile phone number of informant.
              Thereafter, accused No.1 used to meet to informant
              and was collecting extortion money time to time
              from him.

              3. In the month of April-May 2025 accused No.1
              met to nformant in Pencil Chowk, Baramati and told
              him that he, his Friend Shubham More, Bhushan
              Ransing are dons in Baramati City, and if informant
              intending to run his company at Katphal, he shall
              pay extortion money to them every month,
              otherwise they would not allow him to run his




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              company. He hurrled abuses and gave threats to the
              informant. In the month of May 2025 accused No.1
              gave threats to informant by making phone call for
              extorting money of Rs.4,000/- said amount was
              paid by informant. Even thereafter, accused No. 1
              and 2 were meeting to informant, time to time
              every month and collecting extortion money of
              Rs.5,000/-, Rs.10,000/- from him.

              4. In the month of October-November 2025 at about
              1.00 pm when the informant was proceeding
              towards his house from his company accused No. 1
              and 2 stopped him in Pencil Chowk, Baramati,
              asked him to accompany with them to Hotel
              Amardeep and pay bill, when informant refused for
              the same, they gave threats to him and compelled to
              pay bill of Rs. 2,500/-. Even thereafter, they gave
              threats to the informant saying that they are dons in
              Baramati city, having hundreds of cases of murder
              registered against them and they will kill him. They
              assaulted informant/victim.

              5. On 15/10/2025 at about 10.00 pm, when
              informant was proceeding to his house from his
              company, accused No. 1 and 3 were met to him and
              asked him to leave them through his car at Jay
              Mallhar Tamasha Theater. Accordingly, informant
              was taking them to Tamasha Theater, Jainakwadi
              Chowk, at that time when they reached near
              Vanjarwadi the car of informant was out of order. At
              tht time they uttered abuses to the informant, gave
              threats to him and asked him to pay Rs.20,000/-.
              Accused No.3 asked informant that he shall pay
              Rs.20,000/- otherwise he will kill him, due to such
              threat he paid Rs. 20,000/- on scanner shown by
              accused No.3, the said amount was sent in the
              account of brother of accused No.3. Even thereafter,
              both accused No. 1 and 3 threatened informant and
              told him that, he shall state that he is repaying
              handloan obtained from accused No. 1 and 3.
              Accordingly, informant stated those words, accused




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              No. 1 and 3 took video shooting of said talk of
              informant.

              6. On 18/10/2025 at about 10.00 pm, informant
              had been to Hotel Amardeep for taking his worker,
              at that time accused No. 1 and 2 called him in Hotel
              Amardeep and asked him to pay their hotel bill and
              also pay them Rs.13,000/-. He refused for the same
              on which accused No.1 used criminal force against
              informant for assaulting him by means of bottle.
              Thus, all the accused No. 1 to 3 time to time
              extorted money from the informant under threat to
              kill him and assaulting him by hurrling abuses to
              him. On report lodged by informant, above referred
              FIR has been registered against the accused No.1 to
              3."

 4.      It is the submission of Mr. Prashant Hagare, learned Counsel

 appearing for the Applicant that the Applicant is not involved in

 the crime. He submits that, although, the allegation against him is

 that he has extorted money from the First Informant by giving

 threat, even, as per the prosecution case nothing has been received

 by him. He submits that there is delay in lodging the FIR. He

 submits that except Section 308(5) of the BNS the other Sections

 are bailable and triable.



 5.      On the other hand, Ms. Yadav, learned APP strongly opposes

 the Anticipatory Bail Application. She submits that the Applicant

 was present when the crime took place and his presence was




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 captured by CCTV. She submits that the Applicant is involved in a

 very serious crime. She submits that there are 6 antecedents.

 Therefore, the Anticipatory Bail Application be rejected.



 6.      Mr. Prashant Hagare, learned Counsel appearing for the

 Applicant submits that although there are 6 antecedents all are

 mentioned in the Anticipatory Bail Application and last offence is

 of the year 2019. He submits that in all the offences he has been

 granted bail.



 7.      Perusal of the record shows that although, the offence is very

 serious and as per the FIR the Applicant is involved in the crime,

 however, even as per the prosecution case, the Applicant has not

 received any amount. Although, the Applicant is seen in the CCTV

 footage in the hotel which is referred in the FIR, he was sitting at a

 different table than where the main Accused i.e. Accused No.1 was

 sitting along with First Informant and it is seen that for a brief

 period he went to that table. Although, there are 6 antecedents

 they are of the period between 2015 to 2019. Thereafter, except

 the present crime there is no other crime registered against the

 Applicant.




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 8.      Thus, although, case is made out for granting Anticipatory

 Bail stringent conditions are required to be imposed as there are 6

 earlier antecedents registered either with Baramati Taluka or

 Baramati Police Station.



 9.      Mr. Hagare, learned Counsel for the Applicant, on

 instructions, submits that the Applicant will not stay in Pune

 District and will stay alongwith his relative at Karad, District -

 Satara i.e. at the residence of Sonam Ashok Kamble, Vasundhara

 Colony, Malkapur Naka, Karad, Satara.



 10.     Accordingly, the following order is passed:


                                 ORDER

(a) In the event of arrest of the Applicant- Shubham Namdev More in connection with C.R. No.441 of 2025 registered with Baramati Police Station, District Pune (Rural), the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or two solvent sureties in the like amount.

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(b) The Applicant shall attend the Baramati Police Station, Pune (Rural) on 27th November 2025 between 11:00 a.m. to 04:00 p.m. and thereafter as and when called by Investigating Officer till filing of the Charge-sheet and shall cooperate with the investigation.

(c) The Applicant shall attend the Karad Police Station, District-Satara, once in a week i.e. on every Sunday between 11:00 a.m. to 01:00 p.m. till the conclusion of the trial. The Inspector of Karad Police Station to intimate the details of the same to the Investigating Officer.

(d) 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.

(e) 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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(f) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

(g) The Applicant shall not leave India without prior permission of the Court.

11. The Anticipatory Bail Application is disposed of accordingly.

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