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Bombay High Court

RAJAN SHANTARAM PARKARversusSTATE OF MAHARASHTRA AND ANR.

Disposal
Allowed

Holding

Anticipatory bail is granted with conditions, and custodial interrogation is deemed unnecessary.

Summary

The Bombay High Court considered an anticipatory bail application filed by Rajan Shantaram Parkar, accused No.5 in a case involving alleged purchase of prohibited gutkha under Sections 123, 223, 271, 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 59 of the Food Safety and Standards Act, 2006. The applicant argued that only the purchase allegation existed and that he had cooperated with the investigating officer, while the State sought custodial interrogation to seize his mobile phone. The Court noted a pending Supreme Court reference on the validity of charging under Section 123 BNS and, relying on prior bail precedents, held that custodial interrogation was unnecessary. Consequently, the Court granted anticipatory bail with a set of conditions, including furnishing a bond, reporting to the police, surrendering the mobile phone, and not tampering with evidence. The application was disposed of in the applicant’s favour.

Issues considered

  • Whether anticipatory bail should be granted to the applicant under Section 482 of the BNSS, 2023.
  • Whether custodial interrogation is necessary for the seizure of the applicant’s mobile phone.
  • Effect of the pending Supreme Court decision on the applicability of Section 123 BNS to the offence.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482 BNSS
  • Bharatiya Nyaya Sanhita
  • Food Safety Act
  • gutkha
  • custodial interrogation
  • bail conditions
  • pre‑arrest bail

Judgment

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                                                                               3-ABA-561-2026 (CR).DOC


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

                                           CRIMINAL APPELLATE JURISDICTION

                                     CR. ANTICIPATORY BAIL APPLN. NO. 561 OF 2026

                        Rajan Shantaram Parkar                                   …...Applicant
                              VERSUS.
                        State Of Maharashtra And Anr.                             …...Respondents

                                                            ------


                        Mr. Advait Vajaratkar, for Applicant.
                        Ms. Shubhangi N. Deshmukh, A.P.P., for Respondent Nos.1 and 2 - State.
                        PSI, Mr. S. U. Gawas, Banda Police Station, present.
         Digitally
         signed by
                                                            -------
         SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM    Date:
         2026.09.28
         21:04:36
         +0530




                                           CORAM        :   ASHWIN D. BHOBE, J.
                                           DATE         :   28th SEPTEMBER, 2026.
                        P.C.


                        1.           Heard, Mr. Advait Vajaratkar, learned Advocate for the

                        Applicant, and Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent

                        Nos. 1 and 2 – State.


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

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

                        pre-arrest bail, apprehending arrest in connection with Crime No. 89 of

                        2026, registered at Banda Police Station, District Sindhudurg, dated 30 th

                        July 2026, for offences punishable under Sections 123, 223, 271 and 275




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                                                                 3-ABA-561-2026 (CR).DOC


         of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”), along with

         Section 59 of the Food Safety and Standards Act, 2006.


         3.          Mr. Advait Vajaratkar, learned Advocate for the Applicant,

         submits that there are seven (7) accused in the present case. The Applicant

         is Accused No.5.


         4.          Mr. Advait Vajaratkar, learned Advocate for the Applicant,

         submits that the allegation against the Applicant in Crime No.89 of 2026 is

         that he was the projected purchaser of the prohibited article (Gutkha). He

         submits that apart from the said allegation, there are no other allegations

         against the Applicant. He submits that notice under Section 179 of the

         BNSS, 2023, was issued to the Applicant. He submits that upon receipt of

         the said notice under Section 179 of the BNSS, the Applicant appeared

         before the Investigating Officer and provided details in connection with

         Crime No. 89 of 2026.


         5.          Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent Nos.

         1 and 2 – State, submits that the custodial interrogation of the Applicant is

         required to secure his mobile phone, which would contain details of the

         transactions and further for the purpose of investigation into the crime

         pertaining to prohibited article (Gutkha).


         6.          There is no dispute that the main offence in the present crime is

         under Section 123 of the BNS 2023 (old Section 328 of the IPC). The


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         question as to whether an offence under Section 123 of the BNS 2023

         (Section 328 of the IPC) can be registered in such cases is pending before

         the Hon’ble Supreme Court in the case of Anand Ramdhani Chaurasia vs.

         State of Maharashtra1


         7.          Considering the pendency of the said 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. Useful reference can be made to the orders of this Court in the

         case of Rashid Rukmuddin and Another Vs. The State of Maharashtra 2,

         Tushar B. Bhamare Vs. The State of Maharashtra 3, Ahefaz Iqbal Memon

         alias Menon Vs. The State of Maharashtra 4, Dipak Maharajsingh yadav Vs.

         The State of Maharashtra5 and Karan Ramabhai @ Karamshibhai

         Hamabhai Jograna and Another Vs. The State of Maharashtra6.


         8.          Mr. Advait Vajaratkar, learned Advocate for the Applicant, on

         instructions from the Applicant, states that the Applicant shall appear

         before the Investigating Officer as and when required by the Investigating

         Officer and shall co-operate with the investigation in Crime No.89 of 2026.

         He states that the Applicant shall surrender his mobile phone, without



         1 2019 SCC Online Bom 1857
         2 Criminal Bail Application No.403 of 2023 decided on 6th March, 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, 2023.

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         formatting the same, to the Investigating Officer on the date fixed for

         appearance. Statement accepted.


         9.          In view of the above and considering the allegations against the

         Applicant, custodial interrogation of the Applicant in Crime No.89 of 2026

         is not necessary.


         10.         This Application is allowed on the following conditions:


                                             ORDER


                A) In the event of arrest of the Applicant - Rajan Shantaram

                     Parkar, in connection with Crime No.89 of 2026, registered

                     at Banda Police Station, District Sindhudurg, dated

                     30.07.2026, for the offences punishable under Sections

                     123, 223, 271, 275 of the Bharatiya Nyaya Sanhita, 2023

                     (for short, “BNS”) along with Section 59 of the Food Safety

                     and Standards Act, 2006, the Applicant shall be released on

                     bail on furnishing P.R. Bond in the sum of Rs.50,000/-

                     (Rupees Fifty Thousand Only) with two solvent sureties in

                     the like amount to the satisfaction of the Investigating

                     Officer, Banda Police Station.


                B) The Applicant shall appear and report to the Investigating

                     Officer at Banda Police Station, Taluka Sawantwadi, District

                     Sindhudurg, on 5th, 6th and 7th October, 2026 from 10:00

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                     a.m. to 12:00 noon, and thereafter as and when required by

                     the Investigating Officer. The Applicant shall cooperate with

                     the investigation.


                C) The Applicant shall submit his mobile phone to the

                     Investigating Officer on 5th October 2026.


                D) The Applicant shall not, directly or indirectly, make any

                     inducement, threat, or promise to any person acquainted

                     with the facts of the case to dissuade such person from

                     disclosing the facts to the Court or any police officer.


                E) The Applicant shall not tamper with the evidence, in any

                     manner.


                F) The Applicant shall provide the Investigating Officer with

                     his residential address along with proof, his contact

                     number, email and must inform the Investigating Officer of

                     any changes to this information from time to time.


                G) The Applicant shall not indulge in similar offences.


         11.         Anticipatory Bail Application No.561 of 2026 is disposed of.




                                                        ( ASHWIN D. BHOBE, J.)


Shantanu S. Dhudum


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