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Bombay High Court

SUJIT RAJKUMAR KHIVANASARAversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court granted anticipatory bail to the applicant with stringent conditions, including a bond, weekly police attendance, and an undertaking not to deal in prohibited gutkha and related products.

Summary

The High Court considered an anticipatory bail application filed by Sujit Rajkumar Khivanasara under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with charges under Sections 123, 223, 274 of the Bharatiya Nyaya Sanhita, 2023 and several provisions of the Food Safety and Standards Act, 2006 for allegedly dealing in prohibited gutkha and related products. The applicant argued that, except for the offence under Section 123, the other charges are bailable and cited a history of prior bail grants despite 17 antecedents. The State opposed bail, emphasizing the seriousness of the offences and the applicant’s criminal record. The Court noted that the applicability of Section 123 to such cases is pending before the Supreme Court but accepted the applicant’s willingness to give a strict undertaking not to deal in the prohibited products. Consequently, the Court granted anticipatory bail subject to a Rs.5,00,000 bond, weekly police reporting, a detailed undertaking, and several other conditions, and ordered the application disposed accordingly.

Issues considered

  • Whether anticipatory bail can be granted in a case involving serious offences under the BNS and Food Safety Act despite the applicant’s 17 prior antecedents.
  • Whether Section 123 of the Bharatiya Nyaya Sanhita, 2023, which may render the offence non‑bailable, applies to the present facts pending Supreme Court clarification.
  • What conditions, if any, should be imposed on the grant of anticipatory bail in such circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • non‑bailable offence
  • Section 123 BNS
  • Food Safety Act
  • gutkha
  • bail conditions
  • prior antecedents

Judgment

                                                      21 ABA-2428-2026.DOC
skt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2428 OF 2026
Sujit Rajkumar Khivanasara                              …Applicant
            Vs.
State of Maharashtra                            …Respondent
through Ravet Police Station, Pimpri Chinchwad,
Pune


Mr. Rajesh More, for the Applicant.
Ms. Savita M. Yadav, 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 Ms. Yadav, 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. 400 of 2026 registered

on 10th September 2025 with Ravet Police Station, Pimpri

Chinchwad, Pune for the offences punishable under Sections 123,

223, 274 of Bharatiya Nyaya Sanhita, 2023 (“BNS”) and Sections




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26(2)(iv), 27(3)(d), 27(3)(e) and 59 of the Food Safety and

Standards Act, 2006.



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 are 17

antecedents, in 16 cases, the Applicant has been granted

anticipatory bail and in 1 case, he has been granted regular bail.

He therefore submits that the Anticipatory Bail Application be

granted.



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

the Anticipatory Bail Application. She submits that the offence is

very serious and therefore, the Anticipatory Bail Application be




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rejected. She submits that there are 17 antecedents, and therefore,

the Anticipatory Bail Application be rejected.


6.    Ms. Yadav, 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 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.


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 the BNS the other offences are bailable offences.

The issue whether Section 123 of the BNS will apply to similar

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 are 17

antecedents, 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-Sujit Rajkumar

        Khivanasara in connection with C.R. No. 400 of 2025

        registered with Ravet Police Station, Pimpri Chinchwad,

        Pune, the Applicant is directed to be released on bail on his

        furnishing P.R. Bond in the sum of Rs.5,00,000/- with one or

        two solvent sureties in the like amount.




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      b) The Applicant shall attend the concerned Police Station once

         in a week i.e. on each Monday 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

         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.




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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.



      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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