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Bombay High Court

DARSHAN SURESH CHAUGULEversusSTATE OF MAHARASHTRA AND ANR.

Disposal
Allowed

Holding

The court allowed the anticipatory bail, holding that the pending Supreme Court determination on the applicability of Section 123 BNSS warrants granting bail.

Summary

The High Court of Bombay (Kolhapur Circuit) entertained an anticipatory bail application filed by Darshan Suresh Chougule under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 754 of 2026 alleging offences under Sections 123, 223, 274, 275, 3(5) of the BNSS and Section 59 of the Food Safety and Standards Act, 2006 for allegedly supplying prohibited gutka. The principal issue was whether Section 123 of the BNSS, which deals with causing hurt by poison, could be invoked in such a supply case, a question that is pending before the Supreme Court (Anand Ramdhani Chaurasia v. State of Maharashtra). Noting the pendency of the Supreme Court reference and relying on several prior decisions that released accused charged under Section 123 on bail, the Court granted anticipatory bail with standard conditions and a bond of Rs. 50,000. The applicant was directed to report to the investigating officer on specified dates and to refrain from tampering with evidence or influencing witnesses. The application was disposed of after granting bail.

Issues considered

  • Whether an offence under Section 123 of the Bharatiya Nagarik Suraksha Sanhita, 2023 can be registered for the alleged supply of prohibited gutka.
  • Whether anticipatory bail may be granted pending a Supreme Court decision on the applicability of Section 123 BNSS.
  • Whether Section 482 of the BNSS can be invoked to quash the investigation in the present circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • Section 123 BNSS
  • Food Safety and Standards Act
  • prohibited article
  • pending Supreme Court decision
  • Section 482
  • bail conditions

Judgment

                                                          4-ABA-576-2026 (CR).doc


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

                     CRIMINAL APPELLATE JURISDICTION

         CRIMINAL ANTICIPATORY BAIL APPLICATION NO.576 OF 2026


Darshan Suresh Chougule                            …...Applicant
           Versus.
The State of Maharashtra                            ...…Respondent



                                       -----
Mr. Parvej Nadaf i/b Mr. Santosh Mane, for the Applicant.
Mr. S. H. Yadav, A.P.P. for the Respondent-State.
Mr. V. B. Maskar, API, Shivajinagar Police Station, Ichalkaranji, Kolhapur.
                                      -------

                                  Coram :    ASHWIN D. BHOBE, J.
                                  Date :     29th September 2026.

PER COURT :


1.       Heard, Mr. Parvej Nadaf, learned Advocate for the Applicant and Mr. S.

H. Yadav, learned A.P.P. for Respondent-State.


2.       By the present 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. 754 of 2026,

dated 06/09/2026, registered with Shivajinagar Police Station, Kolhapur, for

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


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Bharatiya Nyaya Sanhita, 2023 and Section 59 of the Food Safety and

Standards Act, 2006.


3.       Mr. Parvej Nadaf, learned advocate for the Applicant, states that the

allegations against the Applicant in Crime No. 754 of 2026 are that the

Applicant had supplied the prohibited article (Gutka) worth Rs.2,19,000/- to

the other accused. He submits that the Applicant has no criminal antecedents.


4.       Mr. Parvej Nadaf, learned Advocate for the Applicant, submits that the

main offence alleged against the Applicant in Crime No. 754 of 2026 is under

Section 123 of the BNSS, which deals with causing hurt by means of poison,

etc., with intent to commit an offence..


5.       The question of whether an offence under Section 123 of the BNSS 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. Given 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 under Section 123 of the BNSS.


6.       Mr. Parvej Nadaf, learned Advocate for the Applicant, relies on the

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




1    2019 SCC OnLine Bom 1857.



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                                                                         4-ABA-576-2026 (CR).doc


Maharashtra2, Tushar B. Bhamare Vs. The State of Maharashtra3, Ahefaz Iqbal

Memon alias Menon Vs. The State of Maharashtra 4, Dipak Maharajsing Yadav

Vs. The State of Maharashtra5 and Karan Ramabhai @ Karamshibhai

Hamabhai Jograna and Another Vs. The State of Maharashtra 6, wherein

Accused charged with the offence under Section 123 of the BNSS were

released on bail.


7.       Mr. S. H. Yadav, learned A.P.P. for the State, does not contest that the

question of whether an offence under Section 123 of the BNSS can be

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

submits that during the investigation in Crime No. 754 of 2026, the name of

Accused No. 3 was revealed to be the supplier of the prohibited articles.


8.       In view of the above, this Application is allowed on the following

terms:


                                             ORDER


           (A) In the event of arrest of the Applicant - Darshan Suresh

           Chougule, in connection with Crime No.754 of 2026, dated

           06/09/2026,         registered with Shivajinagar               Police Station,


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


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         Kolhapur, the Applicant shall be released on bail on furnishing

         P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand

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

         satisfaction of the Investigating Officer, Shivajinagar Police

         Station, Kolhapur.


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

         Shivajinagar Police Station, Kolhapur, on 5 th , 6th , 7th and 8th

         October 2026 from 10:00 a.m. to 12:00 p.m. If the Investigating

         Officer at Shivajinagar Police Station requires the Applicant on

         any other day, the Applicant shall ensure his presence before the

         Investigating Officer. The Applicant shall cooperate with the

         investigation of Crime No.754 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

         the facts to the Court or any police officer.


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

         manner.


         (E) The Applicant shall not indulge in or be involved in a similar

         offence.


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9.       Anticipatory Bail Application No.576 of 2026 is disposed of.




                                        [ ASHWIN D. BHOBE, J. ]




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