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Bombay High Court

GIRIDHAR JALINDAR MOREversusSTATE OF MAHARASHTRA AND ANR.

Disposal
Allowed

Holding

The court allowed the regular bail application, granting bail to the accused on the stipulated conditions.

Summary

Giridhar Jalindar More, accused No.4 in Crime No.415 of 2026, was charged under Sections 61, 123, 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 26, 27, 3(1)(zz)(iv) and 59 of the Food Safety and Standards Act, 2006 for allegedly supplying whey powder to the main accused. The applicant filed a regular bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 after his earlier bail plea was rejected. The court noted that the only allegation against him was the supply of whey powder, he had no criminal antecedents, and the main accused had already been granted anticipatory bail. It also observed that the constitutional validity of Section 123 BNS (formerly IPC 328) was pending before the Supreme Court. Considering these facts and the precedent of similar bail orders, the court granted regular bail with standard conditions.

Issues considered

  • The applicability of Section 483 BNSS for granting regular bail to the accused.
  • Whether the pending Supreme Court decision on Section 123 BNS affects the grant of bail.
  • The relevance of the accused's lack of antecedents and the limited nature of the allegation.

Legislation cited

Subjects

  • regular bail
  • Section 123 BNS
  • food adulteration
  • whey powder
  • pending Supreme Court case
  • no criminal antecedents
  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Food Safety and Standards Act

Judgment

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                                                                                 38-BA-794-2026 (CR).DOC


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIRCUIT BENCH AT KOLHAPUR

                                             CRIMINAL APPELLATE JURISDICTION

                                           CRIMINAL BAIL APPLN. NO. 794 OF 2026

                          Giridhar Jalindar More                                   …...Applicant
                                VERSUS
                          State Of Maharashtra And Anr.                            …...Respondents

                          _________________________________________________________________


                          Mr. Indraneel R. Bhosale, for Applicant.
                          Dr. Ashvini A. Takalkar, APP, for Respondent Nos.1 and 2 - State.
                          Mr. Mahadev M. Pise, Head Constable, Phaltan Rural Police Station,
                          District: Satara, present.
                          _________________________________________________________________




          Digitally
                                              CORAM       :   ASHWIN D. BHOBE, J.
          signed by
          SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM    Date:
          2026.08.25
                                              DATE        :   25th AUGUST, 2026.
          15:47:24
          +0530

                          P.C.


                          1.          Heard Mr. Indraneel R. Bhosale, learned Advocate for the

                          Applicant and Dr. Ashvini A. Takalkar, learned APP, for Respondent Nos.1

                          and 2 – State.


                          2.          By the present application under Section 483 of the Bharatiya

                          Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the Applicant seeks

                          regular bail in connection with Crime No.415 of 2026 registered with

                          Phaltan Rural Police Station, for the offences punishable under Sections 61,

                          123, 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short,


                 Shantanu S. Dhudum
                                               2
                                                                  38-BA-794-2026 (CR).DOC


         “BNS”) and Section 26, 27, 3(1)(zz)(iv) and 59 of the Food Safety and

         Standards Act, 2006.


         3.           Mr. Indraneel R. Bhosale, learned Advocate for the Applicant,

         submits that there are five (5) accused in Crime No.0415 of 2026, and that

         the Applicant is Accused No.4.


         4.           Mr. Indraneel R. Bhosale, learned Advocate for the Applicant

         submits that the allegations against the Applicant are of supplying whey

         powder to Mangal Dilip Bhosale (Accused No.1). He submits that the

         allegations of adulteration are primarily against Mangal D. Bhosale

         (Accused No.1) in Crime No.0415 of 2026.


         5.           The Applicant was arrested on 13 th July, 2026. The Bail

         Application No.134 of 2026 filed by the Applicant was rejected by the

         Additional Sessions Judge, Phaltan on 22nd July, 2026.


         6.           Mr. Indraneel R. Bhosale, learned Advocate for the Applicant

         submits that apart from the allegations regarding the supply of whey

         powder, there are no other allegations against the present Applicant. He

         further submits that the issue pertaining to Section 123 of the BNS (earlier

         Section 328 of the Indian Penal Code, 1860), is pending consideration

         before the Hon’ble Supreme Court in the case of Anand Ramdhani

         Chaurasia v/s. The State of Maharashtra1. He submits that the Applicant



         1 2019 SCC OnLine Bom 1857.

Shantanu S. Dhudum
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                                                                                      38-BA-794-2026 (CR).DOC


         does not have any criminal antecedents. He relies on the following

         decisions of this Court in the cases of :


                 i. Rashid Rukmuddin and Another v/s. The State of

                      Maharashtra2,

                 ii. Tushar B. Bhamare v/s. The State of Maharashtra3,

                 iii. Ahefaz Iqbal Memon alias Menon v/s. The State of

                      Maharashtra4,

                 iv. Dipak Maharajsing Yadav v/s. The State of Maharashtra 5

                      and

                 v. Karan Ramabhai @ Karamshibhai Hamabhai Jograna and

                      Another v/s. The State of Maharashtra6.


         7.             Dr. Ashvini A. Takalkar, learned APP for Respondent Nos.1 and 2

         – State, submits that the investigation in Crime No.0415 of 2026 is on

         going. She further submits that the allegations against the Applicant are

         regarding the supply of whey powder to Accused No.1, who is accused of

         making adulterated products. She does not dispute that the issue

         pertaining to Section 123 of the BNS is pending before the Hon’ble

         Supreme Court.




         2 Criminal Bail Application No. 403 of 2023 decided on 6th March 2023.
         3 Criminal Bail Application No. 579 of 2025 decided on 26th February 2025.
         4 Criminal Bail Application No. 1463 of 2022 decided on 16th January 2023.
         5 Criminal Bail Application No. 45 of 2024 decided on 1st February 2024.
         6 Criminal Bail Application No. 273 of 2024 decided on 8th March 2023.

Shantanu S. Dhudum
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                                                                  38-BA-794-2026 (CR).DOC


         8.            Mr. Indraneel Bhosale, learned Advocate submits that the

         Applicant does not have any criminal antecedents.


         9.           I have perused the records with the assistance of learned

         Advocates of the parties.


         10.          Perusal of the records reveals that apart from the allegations of

         the Applicant being involved in supply of the whey powder, there are no

         other allegations against the Applicant. The main accused Mangal D.

         Bhosale has been granted anticipatory bail by the Additional Sessions

         Judge, Phaltan on 14th August, 2026 in Criminal Bail Application No.138 of

         2026. Applicability of Section 123 of the BNS (earlier Section 328 of the

         IPC) is pending before the Hon’ble Supreme Court.


         11.          Considering the facts and circumstances of the present case, the

         issue of the aforesaid provisions being pending before the Hon’ble Supreme

         Court and the view taken by this Court in various identical matters, I am

         inclined to release the Applicant on regular bail.


         12.          In view of the above, the present Bail Application is allowed on

         the following conditions:-


                                             ORDER

               i.    The Applicant - Giridhar Jalindar More, is directed to be
                     released on bail in connection with Crime No.415 of 2026
                     registered with Phaltan Rural Police Station, for the offences
                     punishable under Sections 61, 123, 274, 275, 3(5) of the

Shantanu S. Dhudum
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                                                                    38-BA-794-2026 (CR).DOC


                     Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”) and Section
                     26, 27, 3(1)(zz)(iv) and 59 of the Food Safety and Standards
                     Act, 2006, on executing P.R. Bond in the sum of Rs.50,000/-
                     (Rupees Fifty Thousand Only), with one or two sureties in the
                     like amount to the satisfaction of the Additional Sessions
                     Judge, Phaltan.
               ii. The Applicant shall appear before and report to the
                     Investigating Officer at Phaltan Rural Police Station, District:
                     Satara on 2nd Monday of each month, between 10:00 a.m. to
                     12:00 noon, till the framing of the charge.
               iii. The Applicant shall not directly or indirectly make any
                     inducement, threat or promise to any person acquainted with
                     facts of accusation, so as to dissuade him from disclosing such
                     facts to the Court or to any police officer.
               iv. The Applicant shall not tamper with the prosecution witnesses
                     and evidence in any manner.
               v.    The Applicant shall co-operate in the conduct of the trial and
                     shall regularly appear before the learned Trial Court as and
                     when summoned in the trial proceedings, unless exempted
                     from appearance.
               vi. The Applicant upon his release, within a period of three days
                     from his release, shall furnish his cell phone number and
                     residential address with proof to the Investigating Officer,
                     Phaltan Rural Police Station, District: Satara, and shall keep
                     the same updated, in case of any change thereto.


         13.          Criminal Bail Application No.794 of 2026 stands disposed of in

         the abovesaid terms.




                                                          ( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum


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