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Bombay High Court

GANESH DNYANESHWAR SATAVversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted to the applicant subject to specified conditions.

Summary

Ganesh Dnyaneshwar Satav applied for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a charge of possessing 132 Mephentermine Sulphate injections alleged to have been kept for him by a gym trainer friend. The prosecution’s case relied solely on circumstantial evidence and did not establish a prima facie role or a money trail linking Satav to the contraband. The court noted Satav’s status as an agriculturist with substantial land holdings and the lack of direct evidence of his complicity. Consequently, the court granted bail subject to a cash bond of Rs.25,000, sureties, and several conditions regarding reporting, residence, and non‑interference with witnesses. The order expressly limited its observations to bail and did not address the merits of the underlying offences.

Issues considered

  • Whether bail should be granted under Section 483 BNSS, 2023 for offences under Sections 123, 125 and 278 BNS, 2023 when the prosecution’s case is based only on circumstantial evidence and lacks a prima facie link to the accused.

Legislation cited

Subjects

  • bail
  • circumstantial evidence
  • drug possession
  • Mephentermine
  • BNSS
  • BNS
  • criminal procedure
  • agriculturist
  • surety

Judgment

                                                               29.BA.3414.2026.doc

Ajay

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                       BAIL APPLICATION NO. 3414 OF 2026

       Ganesh Dnyaneshwar Satav                           .. Applicant
             Versus
       State of Maharashtra                               .. Respondent
                                  ....................
        Mr. Hrishikesh Ghorpade, Advocate appearing through video
         conferencing a/w. Mr. Siddharth Sutaria, Advocate for Applicant.
        Mr. Sukanta A. Karmakar, APP for Respondent – State.
        API – Ms. Shobha Bhandavalkar, Chaturshrungi Police Station, Pune
         present.
                                    ......…...........

                                   CORAM : MILIND N. JADHAV, J.
                                   DATE         : SEPTEMBER 09, 2026.

       P.C.:

       1.        Heard Mr. Ghorpade, learned Advocate appearing through

       video conferencing for Applicant and Mr. Karmakar, learned APP for

       Respondent – State.


       2.        This is an Application under Section 483 of the Bharatiya

       Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking regular bail

       in connection with C.R.No.341 of 2026 registered with Chaturshrungi

       Police Station, District Pune for the offences punishable under Sections

       123, 125 and 278 of the Bharatiya Nyaya Sanhita, 2023 (for short

       ‘BNS’).


       3.        Applicant is indicted in the offense for having been found in

       possession of 132 Mephentermine Sulphate Injections IP which have

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been seized from him. The case of the prosecution is that the said

injections were given to Applicant for safe keeping by the Accused

No.1 who is a Gym trainer by profession. The prosecution was led to

Applicant only by the Accused No.1 when he was apprehended outside

a medical shop on secret information received by the prosecution qua

the Accused No.1 only. After Accused No.1 was apprehended his

investigation and statement disclosed that he had kept a consignment

of 132 injections for safe keeping with his friend i.e. the present

Applicant, who is arraigned as Accused No.2.


4.        Insofar as prosecution case against present Applicant is

concerned, it is based solely on circumstantial evidence. There are also

other recoveries made at the instance of Accused No.1 with regard to

30 ml liquid bottles containing the said injection. The case of Accused

No.1 before prosecution was that, since he was into bodybuilding and

worked as a trainer in a gymnasium, he had kept those MS injections

for sale. No prima facie role of the present Applicant arraigned as

Accused No.2 has otherwise been noted or shown by the prosecution in

relation to the alleged contraband substance, nor has any money trail

been established to prima facie demonstrate his complicity. The

Applicant before me is an agriculturist and is a friend of Accused No.1.




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5.        Appropriate material is placed before me to demonstrate the

credentials of Applicant including that he owns substantial agricultural

land. In that view of the matter, the Applicant stands released on bail.


6.        Hence, in view of above prima facie observations and

finding, Bail Application of Applicant is allowed subject to the

following terms and conditions:-


          (i)   Applicant – Ganesh Dnyaneshwar Satav is directed to be

                immediately released from prison in connection with

                CR. No.341 of 2026;


          (ii) Applicant is directed to be released on bail on

                furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five

                Thousand only) with one or two sureties in the like

                amount;


          (iii) Applicant shall report to the Investigating Officer at

                Chaturshrungi Police Station, once every month, on the

                first Monday of the month between 10:00 a.m. to 12:00

                p.m. until commencement of trial and thereafter shall

                attend all dates of hearing before the Trial Court;


          (iv) Applicant shall cooperate with the conduct of the trial

                and remain present before the Trial Court on all dates,

                unless specifically exempted. Applicant shall not seek



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               unnecessary adjournments. Any such conduct shall

               entitle the prosecution to apply for cancellation of bail;


          (v) Applicant shall not leave the State of Maharashtra

               without prior permission of the Trial Court;


          (vi) Applicant shall not influence any of the witnesses or

               tamper with the evidence in any manner;


          (vii) Applicant shall keep the Investigating Officer informed

               of his current residential address and mobile telephone

               number and shall forthwith inform the Investigating

               Officer of any change in his residential address or

               mobile telephone number, as and when such change

               occurs; and


          (viii)Any breach or infraction of any of the aforesaid

               conditions shall entail cancellation of the bail granted to

               the Applicant.


7.        It is clarified that the observations made in this order are

limited for the purpose of granting bail only and I have not made any

observations on merits of the case. The trial shall be adjudicated on

the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made

hereinabove in this order.



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                                8.   Bail Application is allowed and disposed in the above terms.




                                                                     [ MILIND N. JADHAV, J. ]

        Ajay
             Digitally signed
             by AJAY
AJAY         TRAMBAK
TRAMBAK      UGALMUGALE
UGALMUGALE   Date: 2026.09.09
             20:39:33 +0530




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