SARFRAJ SHARIF TAMBOLIversusTHE STATE OF MAHARASHTRA

                                                        912-ABA-442-2026 (CR).docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR

                    CRIMINAL APPELLATE JURISDICTION

             CR. ANTICIPATORY BAIL APPLN. NO. 442 OF 2026

Sarfraj Sharif Tamboli                                … Applicant
                    Versus.
The State of Maharashtra & Anr.                       … Respondents


                                        -----
Mr. Onkar Bajaj i/b. Mr. Priyal Gopaldas Sarda for the Applicant.
Dr. A.A. Takalkar, A.P.P. for the Respondents-State.
                                       -------

                                  Coram :      ASHWIN D. BHOBE, J.

                                  Date     :   11th September 2026.

PER COURT :


1.    Heard, Mr. Onkar Bajaj, learned Advocate for the Applicant and Dr.

Takalkar, learned A.P.P. for the Respondents-State.


2.    By the present Application filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-arrest bail,

apprehending arrest in connection with Crime No. 0366 of 2026, dated 17th

May 2026, registered with Barshi City Police Station, District Solapur Rural,

for offences punishable under Sections 223, 274, 275, 123 and 3(5) of the

Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 26(2)(i), 26(2)(ii), 26(2)


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(iv), 27(3)(e), 30(2)(a) and 59 of The Food Safety & Standards Act, 2006.


3.       The main offence in Crime No. 0366 of 2026 is under Section 123 of

the BNS, which deals with causing hurt by means of poison, etc., with intent

to commit an offence.


4.       The allegations against the Applicant are that the Applicant possessed

Gutkha / pan masala, which is a banned item in the State of Maharashtra.

The question of whether an offence under Section 123 of the BNS can be

registered in such cases is pending before the Hon’ble Supreme Court in the

case of Anand Ramdhani Chaurasia vs State of Maharashtra 1 and other

connected matters. Considering the pendency of the question before the

Hon’ble Supreme Court, this Court has granted Anticipatory Bail as well as

Regular Bail to the Accused charged with the offence under Section 123 of

the BNS.


5.       Dr. Takalkar, learned A.P.P. for the Respondents-State, on instructions

from the Investigating Officer through the Police Officer of the said Police

Station who is present in Court, submits that the Applicant has appeared

before the Investigating Officer and has cooperated with the investigation in

Crime No. 0366 of 2026.


6.       In view of the same, the present Application is granted on the

1     2019 SCC OnLine Bom 1857


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following terms :-


       (a)   In the event of the arrest of the Applicant in Crime No. 0366 of

             2026, dated 17th May 2026, registered with Barshi City Police

             Station, District Solapur Rural, the Applicant shall be released

             on bail upon furnishing a P.R. bond of Rs. 100, 000/- (Rupees

             One lakh only), with one or two sureties in the like amount to

             the satisfaction of the Investigation Officer, Barshi City Police

             Station, District Solapur Rural.


       (b)   The Applicant shall appear and report to the Investigating

             Officer, Barshi City Police Station, District Solapur Rural, on the

             2nd and 4th Monday of every month, between 11:00 a.m. and

             12:00 p.m., commencing from 28th September 2026.             If the

             Investigating Officer, Barshi City Police Station, District Solapur

             Rural, requires the Applicant to appear on any other day, the

             Applicant shall ensure his presence before the Investigating

             Officer. The Applicant shall cooperate with the investigation of

             Crime No. 0366 of 2026.


       (c)   The Applicant shall not directly or indirectly make any

             inducement, threat or promise to any person/s acquainted with

             the facts of the case to dissuade such person/s from disclosing


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                                    the facts to the Court or any police officer.


                              (d)   The Applicant shall not tamper with evidence in any manner.


                              (e)   The Applicant shall cooperate with the Investigating Officer in

                                    the process of investigation of the present Crime.


                              (f)   The Applicant shall provide the Investigating Officer with his

                                    residential address along with proof, his contact numbers, email

                                    and must inform the Investigating Officer of any changes to this

                                    information from time to time.


                              (g)   The Applicant shall not indulge in a similar offence.


                       7.     Anticipatory Bail Application No. 442 of 2026 is disposed of.




                                                              [ ASHWIN D. BHOBE, J. ]

           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.09.11
           17:08:05
           +0530




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