Bombay High Court
PAWAN GOPAL SINGH @ SENIversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court granted anticipatory bail, subject to stringent conditions including an undertaking not to deal in banned tobacco products.
Summary
Pawan Gopal Singh alias Seni applied for anticipatory bail in connection with offences under the Bharatiya Nyaya Sanhita, 2023 and the Food Safety and Standards Act, 2006, alleging procurement of unsafe contraband. The prosecution argued the seriousness of the offences, particularly Section 123 of the BNS, while the defence contended that all but that section are bailable and the applicant was ready to give an undertaking not to deal in Gutkha or tobacco products. The court noted that the applicability of Section 123 to similar cases is pending before the Supreme Court but accepted the applicant's willingness to undertake. Relying on a Supreme Court order in Abhijit Jitendra Lolage v. State of Maharashtra, the court imposed strict conditions, including a monetary bond, monthly police reporting, and a non‑dealings undertaking. Consequently, the anticipatory bail was granted subject to these conditions.
Issues considered
- Whether anticipatory bail can be granted when one of the alleged offences (Section 123 BNS) is non‑bailable pending Supreme Court clarification.
- Whether the applicant’s undertaking not to deal in Gutkha and tobacco products satisfies the court’s requirement for bail conditions.
- Whether the remaining offences being bailable justify granting anticipatory bail despite the seriousness of the case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 123, 223, 274, 275
- Food Safety and Standards Act, 2006 — s. 26(2)(ii), 26(2)(iv), 27(3)(d), 27(3)(e), 30(2)(a), 59
Subjects
- anticipatory bail
- non-bailable offence
- Bharatiya Nyaya Sanhita
- Food Safety and Standards Act
- contraband
- undertaking
- bail conditions
- Gutkha
- tobacco
Judgment
32-ABA-2318-2026.DOC
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2318 OF 2026
Digitally Pawan Gopal Singh alias Seni …Applicant
signed by
ARJUN
ARJUN VITTHAL Versus
VITTHAL KUDHEKAR
KUDHEKAR Date: The State of Maharashtra …Respondent
2026.09.19
16:56:42
+0530
Mr. Tushar Sonawane, for the Applicant.
Mr. S. V. Walve, APP, for the Respondent-State of Maharashtra.
CORAM: MADHAV J. JAMDAR, J.
DATED: 18 SEPTEMBER 2026
PC:-
1. Heard Mr. Sonawane, learned Counsel appearing for the
Applicant and Mr. Walve, learned APP, for the Respondent-State of
Maharashtra.
2. By the present Anticipatory Bail Application, the Applicant is
seeking pre-arrest bail in connection with C.R. No.105 of 2026
registered on 2nd July 2026 with Alibaug Police Station, District
Raigad, for the offences punishable under Sections 123, 223, 274
and 275 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”) and
Sections 26(2)(ii), 26(2)(iv), 27(3)(d), 27(3)(e), 30(2)(a) and 59
of the Food Safety and Standards Act, 2006.
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3. As per the prosecution case, the Applicant was procuring
contraband material which is unsafe and dangerous for the health
of people.
4. It is the submission of Mr. Sonawane, learned Counsel, that
except the offence under Section 123 of BNS, all other offences are
bailable offences. He submits that as far as Section 123 of BNS is
concerned, the Supreme Court is considering the applicability of
Section 123 (i.e. Section 328 of IPC) to the similar cases. He
therefore, states that the anticipatory bail be granted.
5. On the other hand, Mr. Walve, learned APP, strongly opposes
the Anticipatory Bail Application. He submits that the offence is
very serious and, therefore, the Anticipatory Bail Application be
rejected. On instructions, learned APP submits that there are three
antecedents against the Applicant.
6. Learned APP submits that if this Court is inclined to grant
anticipatory bail then the Applicant be directed to give undertaking
in terms of Order of the Supreme Court in the case of Abhijit
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Jitendra Lolage v. State of Maharashtra 1 and more particularly
relies on following condition imposed by the Supreme Court in
case of similar offences:
“It is deemed appropriate to impose the
condition – “I, Abhijeet Jitendra Lolage do
undertake to not deal with Gutkha, that is, Pan
Masala with Tobacco”. In case, the appellant –
Abhijeet Jitendra Lolage violates the terms and
conditions of bail, including the undertaking
imposed, it would be open to the prosecution to
seek cancellation of bail.”
(Emphasis added)
Mr. Sonawane, learned Counsel appearing for the Applicant, after
taking instructions, submits that the Applicant will give the
undertaking.
7. The Supreme Court in the said Order has imposed the above
condition in case of similar offence.
8. Perusal of the record shows that except the offence under
Section 123 of BNS the other offences are bailable offences. The
issue whether Section 123 of BNS will apply to similar cases is
pending before the Supreme Court. As the Applicant is ready to
1 SLP (Crl.) Diary No.2806/2023
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give the undertaking that he will not deal with Gutkha and
Tobacco products in any manner whatsoever, the case is made out
for grant of anticipatory bail.
9. In view thereof, the following order is passed:
ORDER
(a) In the event of arrest of the Applicant- Pawan Gopal
Singh alias Seni in connection with C.R. No.105 of
2026 registered with Alibaug Police Station, District
Raigad, the Applicant is directed to be released on bail
on his furnishing PR 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 concerned Police
Station once in a month till filing of the Charge-sheet
and shall cooperate with the investigation.
(c) The Applicant to furnish an undertaking that he will
not deal with banned products i.e. Gutkha, Pan
Masala with Tobacco products, etc., in any manner
whatsoever. Such undertaking is to be filed in this
Court within a period of two weeks from today. The
Applicant to strictly comply with the said undertaking.
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(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.
(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.
(h) In case, the Applicant violates the terms and
conditions of bail, including the undertaking, it would
be open to the prosecution to seek cancellation of bail.
10. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
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