Bombay High Court

SANTOSH CHANGADEV SURWASEversusSTATE OF MAHARASHTRA AND ANOTHER

Disposal: Allowed

Holding

The Court granted anticipatory bail to the applicant, subject to a cash bond and specified conditions.

Summary

The High Court of Bombay entertained an anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Santosh Changadev Surwase, who was alleged to have possessed banned Gutkha and faced charges under the Food Safety and Standards Act, 2006 and several sections of the Bharatiya Nyaya Sanhita, 2023, including Section 123 which deals with causing hurt by poison. The applicant contended that the principal charge under Section 123 was non‑bailable and that the applicability of this provision to the facts was under consideration before the Supreme Court. The State did not dispute the pendency of the Supreme Court issue. Relying on several prior bail decisions, the Court granted anticipatory bail with a cash bond and a set of conditions, while noting the pending Supreme Court question. The order released the applicant on bail pending investigation and directed regular reporting to the investigating officer.

Issues considered

Whether anticipatory bail can be granted when the applicability of Section 123 of the Bharatiya Nyaya Sanhita, 2023 to the facts is pending before the Supreme Court
Whether the offences alleged under the Food Safety and Standards Act, 2006 and other sections of the Bharatiya Nyaya Sanhita are bailable
Whether possession of banned Gutkha can attract the charge under Section 123 of the Bharatiya Nyaya Sanhita

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 123, 223, 274, 275, 3(5)
Food Safety and Standards Act, 2006 — s. 26(2)(i), 26(2)(ii), 26(2)(iv), 27(3)(e), 30(2)(a), 59

Subjects

anticipatory bail
Section 123 BNS
Food Safety Act
banned Gutkha
bailable offences
Supreme Court pending
bail conditions

Judgment

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901-ABA-499-2026 (CR).DOC

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

CRIMINAL APPELLATE JURISDICTION

CR. ANTICIPATORY BAIL APPLN. NO. 499 OF 2026

Santosh Changadev Surwase …...Applicant
VERSUS
State Of Maharashtra And Another …...Respondents

_________________________________________________________________

Mr. Shailesh Chavan a/w Mr. Sujit Nikam, Mr. Sumit Vhanbatte and Ms.
Swarrali B. Chougule i/b Mr. Ajinkya Sanitrao, for the Applicant.
Mr. S. H. Yadav, APP, for Respondent Nos.1 and 2 - State.
PSI, Mr. Rajesh Gosavi, Pandharpur Taluka Police Station, present.

Digitally
_________________________________________________________________
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.04
21:22:02
+0530

CORAM : ASHWIN D. BHOBE, J.
DATE : 4th SEPTEMBER, 2026.
P.C.

1. Heard Mr. Shailesh Chavan, learned Advocate for the Applicant

and Mr. S. H. Yadav, learned A.P.P. for Respondent Nos.1 and 2 – State.

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

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the

Applicant is seeking pre-arrest bail, apprehending arrest in connection with

Crime No. 0549 of 2026, dated 06/08/2026 registered with Pandharpur

Taluka Police Station, for the offences punishable under Sections 26(2)(i),

26(2)(ii), 26(2)(iv) read with Sections 27(3)(e), 30(2)(a) and 59 of the

Shantanu S. Dhudum
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Food Safety and Standards Act, 2006 and Sections 123, 223, 274, 275 and

3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”).

3. Mr. Shailesh Chavan, learned Advocate for the Applicant,

submits that the main offence alleged against the Applicant in Crime

No.0549 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. He

submits that, apart from the offence punishable under Section 123 of the

BNS, all the other offences alleged against the Applicant in the said crime

are bailable offence.

4. The allegations against the Applicant are that the Applicant

possessed Gutkha worth Rs.87,900/-, which is a banned item in the Stateof

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. Mr. Shailesh Chavan, learned Advocate for the Applicant, relies

on the decisions in the case of Rashid Rukmuddin and Another Vs. The

1 2019 SCC OnLine Bom 1857.

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state of Maharashtra2, Tushar B. Bhamare Vs. The State of Maharashtra 3,

Ahefaz Iqbal Memon alias Menon Vs. The State of Maharashtra 4, Dipak

Maharajsing Yadav Vs. The State of Maharashtra 5 and Karan Ramabhai @

Karamshibhai Hamabhai Jograna and Another Vs. The State of

Maharashtra6, wherein Accused charged with the offence under Section

123 of the BNS were released on bail.

6. Mr. S. H. Yadav, learned A.P.P. for Respondent Nos.1 and 2 –

State, does not dispute that the issue regarding the applicability of Section

123 of the BNS is pending for consideration before the Hon’ble Supreme

Court.

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

following terms:

ORDER

(A) In the event of arrest of the Applicant - Santosh Changadev

Surwase , in connection with Crime No. 0549 of 2026, dated

06/08/2026 registered with Pandharpur Taluka Police Station,

for the offences punishable under Sections 26(2)(i), 26(2)(ii),

26(2)(iv) read with Sections 27(3)(e), 30(2)(a) and 59 of the

2 Criminal Bail Application No.403 of 2023 decided on 6th February, 2023.
3 Criminal Bail Application No.579 of 2025 decided on 26th February, 2025.
4 Criminal Bail Application No.1463 of 2022 decided on 16th January, 2023.
5 Criminal Bail Application No.45 of 2024 decided on 1st February, 2024.
6 Criminal Bail Application No.273 of 2024 decided on 8th March, 2024.

Shantanu S. Dhudum
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Food Safety and Standards Act, 2006 and Sections 123, 223,

274, 275 and 3(5) of the BNS, the Applicant shall be released

on bail on furnishing P.R. Bond in the sum of Rs.25,000/-

(Rupees Twenty Five Thousand only) with one or two sureties

in the like amount, to the satisfaction of the Investigating

Officer, Pandharpur Taluka Police Station.

(B) The Applicant shall report to the Investigating Officer,

Pandharpur Taluka Police Station, on 8th, 9th and 10th

September, 2026 between 10:00 a.m. to 12:00 noon. In the

event the Applicant is required by Investigating Officer,

Pandharpur Taluka Police Station, on any other day, the

Applicant shall ensure his presence before the Investigating

Officer.

inducement, threat or promise to any person/s acquainted

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

disclosing the facts to the Court or any police officer.

(D) The Applicant shall not tamper with the evidence in any

manner.

Shantanu S. Dhudum
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(E) The Applicant shall cooperate with the Investigating Officer,

Pandharpur Taluka Police Station, in the process of

investigation of the present Crime.

(F) The Applicant shall not indulge or involve himself in similar

offence.

8. Anticipatory Bail Application No.499 of 2026 is disposed of.

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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