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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 123, 223, 274
- Food Safety and Standards Act, 2006 — s. 26(2)(iv), 27(3)(d), 27(3)(e), 59
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
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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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