Bombay High Court
RAHUL @ SAGAR BABAN AVHADversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to conditions.
Summary
The applicant, a hotelier, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with a charge-sheet alleging offences under the Bharatiya Nyaya Sanhita, Essential Commodities Act and Maharashtra Prohibition Act. The prosecution’s case rested on the seizure of Rs. 11 lakh in cash, plastic drums, petrol, diesel, a gas stove cylinder, an inverter and printed labels of the brand ‘Prince Santra’, alleging knowledge and manufacture of spurious liquor. The court held that the material on record did not satisfy the prima facie requirements of Section 328 IPC for administering a poisonous substance and therefore could not justify denial of bail at this stage. It noted that the applicant’s alleged complicity could be proved at trial, but bail was appropriate pending trial. Consequently, bail was granted subject to a personal bond of Rs. 25,000 and a series of conditions, with a clarification that the order was limited to bail and not on the merits of the case.
Issues considered
- Whether the material seized establishes a prima facie case sufficient to deny bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the applicant’s alleged involvement in manufacturing spurious liquor can be substantiated at the bail stage.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 123, 318(4)
- Essential Commodities Act, 1955 — s. 3, 7
- Maharashtra Prohibition Act, 1949 — s. 108, 65(a), 65(b), 65(c), 65(d), 65(e), 65(f), 83, 90
Subjects
- bail
- spurious liquor
- prohibition
- essential commodities
- criminal procedure
- Maharashtra
- seizure
- prima facie
Judgment
39.BA.3479.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3479 OF 2026
Rahul @ Sagar Baban Avhad .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Himanshu S. Gavit a/w. Mr. Rohit A. Patil, Advocates for
Applicant.
Mr. Sukanta A. Karmakar, APP for Respondent.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 23, 2026
P.C.:
1. Heard Mr. Gavit, learned Advocate for Applicant and Mr.
Karmakar, learned APP for Respondent.
2. This is an Application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.
No.438 of 2026 registered with Sinnar Police Station for offences
punishable under Sections 123 and 318(4) of the Bharatiya Nyaya
Sanhita, 2023; Sections 3 and 7 of the Essential Commodities Act,
1955 and Sections 65(a), 65(b), 65(c), 65(d), 65(e), 65(f), 83, 90 and
108 of the Maharashtra Prohibition Act, 1949.
3. Charge-sheet has been filed and investigation has been
completed. Indictment of the applicant is on the basis of the material
that has been seized from his flat situated on the second floor of a
building by the raiding party. The said material when seized prima
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facie is Rs.11,00,000/- in cash, several plastic drums, some petrol,
diesel, gas stove cylinder and inverter as described in the First
Information Report / Seizure Report.
4. According to the Applicant, he is a hotelier and therefore by
no means the said material which has been seized can amount to the
prosecution alleging that Applicant was having knowledge and was
manufacturing spurious liquor. One more piece of evidence which the
prosecution heavily relies upon are printed labels of the brand name
‘Prince Santra’ to argue that it is strong circumstance for consideration.
5. Merely on the basis of the above material which is placed on
record, the ingredients required for prima facie action to be
undertaken under Section 328 of the Indian Penal Code, 1860
regarding administration of poisonous substance cannot be sustained.
I am unable to accept this prosecution case at the stage of bail.
Needless to state that complicity of the Applicant in the alleged crime
can undoubtedly be proved by the prosecution at trial on evidence.
The Applicant is arrested on 02.06.2026.
6. Considering the aforesaid, Applicant has made out case for
grant of bail. He is granted bail subject to following conditions:-
(i) Applicant is directed to be immediately released from
prison in connection with Crime No.438 of 2026;
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39.BA.3479.2026.doc
(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 surety / sureties of the
like amount;
(iii) Applicant shall report to the Investigating Officer at the
concerned Police Station, once every month on the first
Monday of the month between 10:00 a.m. to 12:00
p.m.;
(iv) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
exempted and will not take any unnecessary
adjournments, if he does so it will entitle the
prosecution to apply for revocation of this order;
(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 address and mobile contact number and /
or change of residence or mobile details, if any, from
time to time, as applicable; and
(viii)Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
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39.BA.3479.2026.doc
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.
8. Bail Application is allowed and disposed of in the above
terms.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally
signed by
HARSHADA
HARSHADA HANUMANT
HANUMANT SAWANT
SAWANT Date:
2026.09.23
20:41:39
+0530
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