Bombay High Court

SURAJ MILANSINGH RAJPUTversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

The Court granted anticipatory bail to the applicant with specified conditions.

Summary

The High Court of Bombay (Kolhapur Circuit) entertained an anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Suraj Milansingh Rajput, who was alleged to be one of three accused in a case involving the sale of Gutkha, a banned product, under various provisions of the Food Safety and Standards Act, 2006 and the Bharatiya Nyaya Sanhita, 2023, including Section 123 which deals with causing hurt by poison. The applicant argued that similar cases had resulted in bail and that the applicability of Section 123 was pending before the Supreme Court. The State contended that the applicant had prior antecedents. The Court noted that the seized Gutkha was recovered from another accused, and given the pending Supreme Court question, it granted anticipatory bail with strict conditions such as furnishing a PR bond, reporting to the investigating officer, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the pending Supreme Court decision on the applicability of Section 123 of the Bharatiya Nyaya Sanhita, 2023.
Whether the applicant’s alleged involvement in the sale of Gutkha and his antecedents warrant denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 123, 223, 274, 275
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 482
Food Safety and Standards Act
Bharatiya Nyaya Sanhita
Section 123
Gutkha
banned substance
Supreme Court pending
bail conditions

Judgment

902-ABA-583-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 583 OF 2026
Suraj Milansingh Rajput ...Applicant
Versus.
The State of Maharashtra And Anr. ...Respondents
-----
Mr. Sachin Bhavar, Advocate for the Applicant.
Mr. C. D. Mali, APP for the Respondent – State.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 1st October, 2026.
P.C. :

Digitally
signed by
1. Heard, Mr. Sachin Bhavar, learned Advocate for the Applicant
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.10.01
20:55:38
and Mr C. D. Mali, learned APP for the Respondent – State.
+0530

2. By this 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. 379 of 2026

registered with Pandharpur City Police Station, for offences punishable

under Sections 26(2)(i), 26(2)(ii), 26(2)(iv), 27(3)(e), 30(2)(a), 59 of

the Food Safety and Standards Act, 2006 and Sections 223, 274, 275

and 123 of the Bharatiya Nyaya Sanhita, 2023.

3. Mr. Sachin Bhavar, learned Advocate for the Applicant, states

Arjun 1
902-ABA-583-2026.doc

that there are three (3) accused in Crime No. 379 of 2026, with the

Applicant as Accused No. 2.

4. Mr. Sachin Bhavar, learned Advocate for the Applicant, submits

that the main offence alleged against the Applicant in Crime No. 379 of

2026 is under Section 123 of the Bharatiya Nyaya Sanhita, 2023, which

deals with causing hurt by means of poison, etc., with intent to commit

an offence. He submits that the Applicant is alleged to be the seller of

Gutkha worth Rs. 2,000/-, a banned item in the State of Maharashtra.

He relies on the decisions in the case of Rashid Rukmuddin and Another

Vs. The State of Maharashtra1, Tushar B. Bhamare Vs. The State of

Maharashtra2, Ahefaz Iqbal Memon alias Menon Vs. The State of

Maharashtra3, Dipak Maharajsing Yadav Vs. The State of Maharashtra 4

and Karan Ramabhai @ Karamshibhai Hamabhai Jograna and Another

Vs. The State of Maharashtra5, wherein the accused charged under

Section 123 of the BNS were released on bail.

5. Mr. C. D. Mali, learned APP for the Respondent – State, submits

1 Criminal Bail Application No. 403 of 2023 decided on 6th February, 2023.

2 Criminal Bail Application No. 579 of 2025 decided on 26th February, 2025.

3 Criminal Bail Application No. 1463 of 2022 decided on 16th January, 2023.

4 Criminal Bail Application No. 45 of 2024 decided on 1st February, 2024.

5 Criminal Bail Application No. 273 of 2024 decided on 8th March, 2024.

Arjun 2
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that the Applicant has similar antecedents on his credit.

6. 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 Anand Ramdhani Chaurasia vs. State of Maharashtra6 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 BNS.

7. Perusal of Crime No. 379 of 2026 indicates that although Gutkha

worth Rs 2,000/- was recovered, it was recovered from the Accused

No. 1 (Imran Shohkat Tamboli) and not from the Applicant.

8. In view of the aforesaid circumstances, this Application is allowed

on the following terms :

(a) In the event of arrest of the Applicant in Crime

No. 379 of 2026, registered with Pandharpur Taluka

Police Station, the Applicant shall be released on bail

upon furnishing a PR bond of Rs. 50,000/- with one or

two sureties in the like amount, to the satisfaction of

the Investigating Officer of Pandharpur Taluka Police
6 2019 SCC OnLine Bom 1857.

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Station.

(b) Applicant shall appear and report to the

Investigating Officer, Pandharpur Taluka Police Station

on 5th, 6th and 7th October, 2026, between 10:00 a.m.

to 12:00 noon and thereafter as and when required by

the Investigating Officer in Crime No. 379 of 2026.

The Applicant shall cooperate with the investigation in

Crime No. 379 of 2026.

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) Applicant shall not tamper with evidence in any

manner.

(e) Applicant shall provide to 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
Arjun 4
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information from time to time.

(f) Applicant shall not indulge in similar offences

punishable under the NDPS Act.

9. Anticipatory Bail Application No.583 of 2026 is disposed of.

(ASHWIN D. BHOBE, J.)

Arjun 5

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