Bombay High Court
AARIF RAMZAN TAMBOLIversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The Court held that anticipatory bail may be granted despite the inclusion of a non‑bailable offence and a prior antecedent, provided stringent conditions are imposed.
Summary
The Bombay High Court considered an anticipatory bail application filed by Aarif Ramzan Tamboli under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with alleged illegal dealing in prohibited gutkha, pan masala and flavored tobacco. The prosecution alleged offences under Sections 123, 223, 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and several provisions of the Food Safety and Standards Act, 2006, while the applicant argued that all but the non‑bailable Section 123 were bailable and he was ready to give an undertaking not to deal in such products. The respondent opposed bail, citing the seriousness of the offence and a prior antecedent. The Court noted that the Supreme Court’s decision on the applicability of Section 123 to similar cases was pending and, given the applicant’s willingness to comply with strict conditions, granted anticipatory bail with a bond, weekly police attendance, an undertaking, and other safeguards. The bail order imposed several conditions to prevent tampering with evidence or influencing witnesses.
Issues considered
- Whether anticipatory bail can be granted for offences including the non‑bailable Section 123 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the applicant’s prior antecedent precludes the grant of anticipatory bail.
- Whether imposing stringent conditions, including an undertaking not to deal in prohibited products, is appropriate in this context.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 123, 223, 274, 275
- Food Safety and Standards Act, 2006 — s. 26(2)(i), 26(2)(ii), 26(2)(iv), 27(3)(c), 30(2)(a), 59
Subjects
- anticipatory bail
- non‑bailable offence
- Section 123 BNS
- Food Safety Act
- gutkha
- bail conditions
- prior antecedent
Judgment
16 ABA-2323-2026.DOC
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2323 OF 2026
Aarif Ramzan Tamboli …Applicant
Vs.
State of Maharashtra …Respondent
Mr. Rajesh More, for the Applicant.
Mr. S.S. Ghag, APP for the Respondent-State.
CORAM: MADHAV J. JAMDAR, J.
DATE : 16th SEPTEMBER, 2026
P. C.:
1. Heard Mr. More, learned Counsel appearing for the
Applicant and Mr. Ghag, learned APP appearing for the
Respondent-State.
2. This application is filed by the Applicant under Section 482
of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking
pre-arrest bail in connection with C.R. No. 254 of 2026 registered
on 29th July 2026 with Samarth Police Station, Pune City for the
offences punishable under under Sections 123, 223, 274 and 275
of the Bharatiya Nyaya Sanhita, 2023 (“BNS”) and Sections 26(2)
(i), 26(2)(ii), 26(2)(iv), 27(3)(c), 30(2)(a), 59 of the Food Safety
and Standards Act, 2006.
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3. As per the prosecution case, the Applicant is found dealing
with prohibited Gutkha, Pan Masala and Flavored Tobacco and
selling the same illegally.
4. Mr. More, learned Counsel appearing for the Applicant
submitted that except offence under Section 123 of the BNS, all
other offences are bailable offences. He submits that as far as
Section 123 of the BNS is concerned, the Supreme Court is
considering the applicability of Section 123 (i.e. Section 328 of the
IPC) to the similar cases. He submits that although there is one
antecedent, the Applicant was granted regular bail in that case.
5. On the other hand, Mr. Ghag, learned APP strongly opposes
the Anticipatory Bail Application. He submits that the offence is
very serious and therefore, the Anticipatory Bail Application be
rejected. He submits that there is one antecedent and therefore,
the Anticipatory Bail Application be rejected.
6. Mr. Ghag, 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
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Abhijit Jitendra Lolage Vs. 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)
7. Mr. More, learned Counsel appearing for the Applicant after
taking the instructions submits that the Applicant will give the
undertaking.
8. The Supreme Court in the said order has imposed the above
condition in case of similar offence.
9. Perusal of the record shows that except the offence under
Section 123 of the BNS the other offences are bailable offences.
The issue whether Section 123 of the BNS will apply to similar
1 SLP(CRI) Diary No. 2806-2023
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cases is pending before the Supreme Court. As the Applicant is
ready to 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, however, as there is one
antecedent, the stringent conditions are required to be imposed.
10. In view of above, the following order is passed:-
ORDER
a) In the event of arrest of the Applicant- Aarif Ramzan
Tamboli in connection with C.R. No.254 of 2026 registered
with Samarth Police Station, Pune City, 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 concerned Police Station once
in a week i.e. on each Sunday between 11:00 a.m. to 01:00
p.m. till completion of trial.
c) The Applicant to furnish an undertaking that he will not deal
with banned products i.e. Gutkha, Pan Masala with Tobacco
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products 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.
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.
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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.
11. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
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