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Bombay High Court

SOUDAMINI BEHERAversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Anticipatory bail is granted subject to a cash bond and a strict undertaking not to deal with Gutka or related tobacco products.

Summary

The High Court of Bombay considered an anticipatory bail application filed by Soudamini Behera, who was alleged to have dealt in contraband Gutka, violating sections of the Food Safety and Standards Act, 2006 and the Bharatiya Nyaya Sanhita, 2023, as well as IPC section 328. The applicant argued that all offences except the IPC 328 charge were bailable and that the Supreme Court was still examining the applicability of IPC 328 to similar cases. The State opposed bail, seeking a stringent undertaking similar to that imposed in Abhijit Jitendra Lolage v. State of Maharashtra. The court noted the pending Supreme Court decision on IPC 328, found no criminal antecedents, and accepted the applicant’s undertaking not to deal with Gutka or related products. Consequently, the court granted anticipatory bail with a cash bond, multiple conditions, and the undertaking, while reserving the right to cancel bail upon violation.

Issues considered

  • Whether anticipatory bail can be granted when one of the charges is a non‑bailable offence (IPC 328) pending Supreme Court clarification.
  • Whether the court may impose an undertaking not to deal with Gutka and related products as a condition of bail.
  • Whether the absence of criminal antecedents justifies granting anticipatory bail despite serious allegations.

Legislation cited

Subjects

  • anticipatory bail
  • non‑bailable offence
  • Food Safety Act
  • Gutka
  • undertaking
  • bail conditions
  • High Court
  • Maharashtra

Judgment

                                                                      924-ABA-2555-2026.DOC

                                                                                       Arjun




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

ARJUN                        ANTICIPATORY BAIL APPLICATION NO.2555 OF 2026
VITTHAL
KUDHEKAR
                      Soudamini Behera                                    …Applicant
Digitally signed by
ARJUN VITTHAL               Versus
KUDHEKAR
Date: 2026.09.24      The State of Maharashtra                            …Respondent
20:50:43 +0530



                      Mr. Rahul Mishra a/w Roshni Vishwakarma, for the Applicant.
                      Mr. S. S. Ghag, APP, for the Respondent-State.
                      API Rajesh Khandave, Uran Police Station, Navi Mumbai, present.


                                            CORAM:      MADHAV J. JAMDAR, J.
                                            DATED:      24 SEPTEMBER 2026
                      PC:-


                      1.     Heard Mr. Mishra, learned Counsel appearing for the

                      Applicant and Mr. Ghag, learned APP, for the Respondent-State.


                      2.     By the present Anticipatory Bail Application, the Applicant is

                      seeking pre-arrest bail in connection with C.R. No.89 of 2025

                      registered on 27th April 2025 with the Uran Police Station, Navi

                      Mumbai, for the offences punishable under Sections 26, 59 and

                      27(2)(e) of the Food Safety and Standards Act, 2006 and Sections

                      123, 274, 223 and 275 of the Bharatiya Nyaya Sanhita, 2023

                      (“BNS”).




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3.    As per the prosecution case, the Applicant was found dealing

with contraband material Gutka which is unsafe and dangerous for

the health of people.



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

except the offence under Section 123 of BNS i.e. 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.



5.    On the other hand, Mr. Ghag, learned APP, strongly opposes

the Anticipatory Bail Application. He, therefore, submits that the

Anticipatory Bail Application be rejected.



6.    Learned APP submits that if this Court is inclined to grant

anticipatory bail then the Applicant be directed to give an

undertaking in terms of the direction of the Supreme Court in the

case of Abhijit Jitendra Lolage vs State of Maharashtra 1, and more



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




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particularly relies on the 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. Mishra, learned Counsel appearing for the Applicant, after

taking instructions, submits that the Applicants will give the

undertaking.



The Supreme Court in the said Order has imposed the above

condition in case of similar offence.



7.    Perusal of the record shows that except the offence under

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 the Applicant is ready to

give the undertaking that they will not deal with Gutkha and




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Tobacco products in any manner whatsoever, the case is made out

for grant of anticipatory bail.



8.    Mr. Mishra, learned Counsel for the Applicant tenders

undertaking dated 24th September 2026. The said undertaking is

accepted.



9.    There are no criminal antecedents against the Applicant.


10.   In view thereof, the following Order is passed:

                              ORDER

      (a)    In the event of arrest of the Applicant - Soudamini

             Behera in connection with C.R. No.89 of 2025

             registered with the Uran Police Station, Navi Mumbai,

             the Applicant is directed to be released on bail on her

             furnishing PR Bond in the sum of Rs.50,000/- each

             with one or two solvent sureties in the like amount.

      (b)    The Applicant shall attend the concerned Police

             Station as and when called and shall cooperate with

             the investigation.

      (c)    The Applicant to abide by the undertaking given to




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      the effect that she will not deal with banned products

      i.e. Gutkha, Pan Masala with Tobacco products, in any

      manner whatsoever. The Applicant to strictly comply

      with the said undertaking.

(d)   The Applicant shall furnish her 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




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            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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