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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

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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(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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               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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