Bombay High Court

RAHEMAT KHAN AHMAD KHANversusSTATE OF MAHARASHTRA

Decided: 23 September 2026
Disposal: Allowed

Holding

The court granted anticipatory bail to both applicants subject to stringent conditions, including an undertaking not to deal in Gutkha.

Summary

The applicants, Rahemat Khan Ahmad Khan and Abdul Faizan Abdul Rafiq, applied for anticipatory bail in connection with CR No. 389 of 2026 alleging offences under the Food Security and Standards Act, 2006 and the Bharatiya Nyaya Sanhita, 2023, including alleged dealing in contraband Gutkha. The prosecution argued the seriousness of the offences, while the defence contended that all charges except the one under Section 123 of BNS (equivalent to IPC 328) are bailable, and the Supreme Court’s decision on IPC 328 is pending. The court noted the applicants’ willingness to give a specific undertaking not to deal in Gutkha or pan‑masala with tobacco, and observed no prior criminal antecedents. Relying on the Supreme Court’s precedent in Abhijit Jitendra Lolage vs State of Maharashtra, the court granted anticipatory bail with a bond of Rs 1,00,000 each and a series of strict conditions, including monthly police reporting and compliance with the undertaking. The bail was conditioned on non‑violation of terms, with provision for cancellation if breached.

Issues considered

Whether anticipatory bail can be granted for offences under the Food Security and Standards Act, 2006 and the Bharatiya Nyaya Sanhita, 2023 involving contraband Gutkha, especially pending the Supreme Court’s ruling on the applicability of IPC 328.
Whether the imposition of an undertaking not to deal with Gutkha is a valid condition for granting anticipatory bail.
Whether the seriousness of the alleged offences precludes the grant of anticipatory bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 123, 223, 274, 275
Food Security and Standards Act, 2006 — s. 26(2)(i), 26(2)(iv), 27(3)(d), 27(3)(e), 30(2)(a), 3(1)(zz)(iv)
Indian Penal Code — s. 328

Subjects

anticipatory bail
pre‑arrest bail
contraband
Gutkha
Food Security and Standards Act
Bharatiya Nyaya Sanhita
IPC 328
undertaking
bail conditions

Judgment

                                915 ABA-2369-2026=916 ABA-2372-2026.DOC
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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2369 OF 2026
Rahemat Khan Ahmad Khan                               …Applicant
            Vs.
State of Maharashtra                                  …Respondent
                              AND
         ANTICIPATORY BAIL APPLICATION NO. 2372 OF 2026

Abdul Faizan Abdul Rafiq                              …Applicant
            Vs.
State of Maharashtra                                  …Respondent


Mr. Niranjan Pachupate i/b Parinam Law Associates, for the
Applicant.
Ms. Savita M. Yadav, APP for the Respondent-State in ABA-2369-
2026.
Mr. S.S. Ghag, APP for the Respondent-State in ABA-2375-2026.


                       CORAM:       MADHAV J. JAMDAR, J.
                       DATE :       23rd SEPTEMBER, 2026
P. C.:
1.       Heard Mr. Pachupate, learned Counsel appearing for the

Applicants and Ms. Yadav, learned APP appearing for the

Respondent-State in Anticipatory Bail Application No. 2369 of

2026 and Mr. Ghag, learned APP appearing for the Respondent-

State in Anticipatory Bail Application No. 2375 of 2026.

2.       By the present Applications, the Applicants are seeking pre-

arrest bail in connection with C.R. No. 389 of 2026 registered on



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18th May 2026 under Sections 26(2)(i), 26(2)(iv), 27(3)(d), 27(3)

(e), 30(2)(a), 3(1)(zz)(iv) of Food Security and Standards Act,

2006 and Sections 123, 223, 274 and 275 of the Bharatiya Nyaya

Sanhita, 2023 (“BNS”) registered with Sinnar Police Station,

Nashik Rural.


3.    As per the prosecution case the Applicants were found

dealing with contraband material Gutkha which is unsafe and

dangerous for the health of people.



4.    It is the submission of Mr. Pachupate, learned Counsel that

except the offence under Sections 123 of the BNS, i.e., Section 328

of the Indian Penal Code, 1860, all other offences are bailable

offences.   He submits that as far as Section 328 of IPC is

concerned, the Supreme Court is considering the applicability of

Section 328 of IPC to the similar cases. He therefore, states that

the Anticipatory Bail be granted to the Applicants.



5.    On the other hand, Ms. Yadav and Mr. Ghag, learned APP

strongly oppose the Anticipatory Bail Application. They submit that

the offence is very serious and therefore, the Anticipatory Bail




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Applications be rejected. Both of them submit that the Anticipatory

Bail Applications be rejected.



6.    Learned APPs submit that if this Court is inclined to grant

Anticipatory Bail then the Applicants be directed to give

undertaking in terms of order of the Supreme Court in the case of

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, PanMasala 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. Pachupate, learned counsel appearing for all the

Applicants, after taking instructions, submits that all the Applicants

will give the undertaking.



1     SLP(Cri.) Diary No. 2806/2023


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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 BNS (i.e. Section 328 of IPC), the other offences are

bailable offences. The issue whether Section 328 of IPC will apply

to similar cases is pending before the Supreme Court. As all the

Applicants are ready to give the undertaking that they will not deal

with Gutkha and Tobacco products in any manner whatsoever, the

case is made out for grant of Anticipatory Bail.



10.    There are no antecedent against the Applicant.



11.     In view above, the following order is passed:


                                 ORDER

      (a)    In the event of arrest of the Applicant-Rahemat Khan

      Ahmad Khan (in Anticipatory Bail Application No. 2369 of

      2026) and the Applicant-Abdul Faizan Abdul Rafiq (in in

      Anticipatory Bail Application No. 2372 of 2026) in connection

      with C.R. No.389 of 2026 registered with the Sinnar Police

      Station, Nahik Rural, the Applicants are directed to be



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      released on bail on their furnishing P.R. Bond in the sum of

      Rs.1,00,000/- each with one or two solvent sureties in the like

      amount.

      (b)     The Applicants shall attend the concerned Police

      Station once in a month, i.e., first Monday of each month, till

      conclusion of the case.

      (c)     All the Applicants to furnish undertakings to the effect

      that they will not deal with banned products i.e. Gutkha, Pan

      Masala with Tobacco products in any manner whatsoever.

      Such undertakings to be filed in this Court within a period of

      two weeks from today.

      (d)     The Applicants to strictly comply with the said

      undertaking.

      (e)     The Applicants shall furnish their cell phone numbers

      and residential addresses to the Investigating Officer and shall

      keep the same updated, in case of any change thereto.

      (f)     The Applicants 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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      (g)      The Applicants shall not tamper with the prosecution

      evidence and shall not contact or influence the Complainant

      or any witness in any manner.

      (h)      The Applicants shall not leave India without prior

      permission of the Court.

      (i)      In case, the Applicants violate the terms and

      conditions of bail, including the undertaking, it would be open

      to the prosecution to seek cancellation of bail.


12.     The    Anticipatory   Bail    Applications      are   disposed   of

accordingly.


                                               [MADHAV J. JAMDAR, J.]




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