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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 123, 125, 278
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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