915 ABA-2369-2026=916 ABA-2372-2026.DOC skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2369 OF 2026 Rahemat Khan Ahmad Khan …Applicant Vs. State of Maharashtra …Respondent AND ANTICIPATORY BAIL APPLICATION NO. 2372 OF 2026 Abdul Faizan Abdul Rafiq …Applicant Vs. State of Maharashtra …Respondent Mr. Niranjan Pachupate i/b Parinam Law Associates, for the Applicant. Ms. Savita M. Yadav, APP for the Respondent-State in ABA-2369- 2026. Mr. S.S. Ghag, APP for the Respondent-State in ABA-2375-2026. CORAM: MADHAV J. JAMDAR, J. DATE : 23rd SEPTEMBER, 2026 P. C.: 1. Heard Mr. Pachupate, learned Counsel appearing for the Applicants and Ms. Yadav, learned APP appearing for the Respondent-State in Anticipatory Bail Application No. 2369 of 2026 and Mr. Ghag, learned APP appearing for the Respondent- State in Anticipatory Bail Application No. 2375 of 2026. 2. By the present Applications, the Applicants are seeking pre- arrest bail in connection with C.R. No. 389 of 2026 registered on 23rd September, 2026 915 ABA-2369-2026=916 ABA-2372-2026.DOC skt 18th May 2026 under Sections 26(2)(i), 26(2)(iv), 27(3)(d), 27(3) (e), 30(2)(a), 3(1)(zz)(iv) of Food Security and Standards Act, 2006 and Sections 123, 223, 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”) registered with Sinnar Police Station, Nashik Rural. 3. As per the prosecution case the Applicants were found dealing with contraband material Gutkha which is unsafe and dangerous for the health of people. 4. It is the submission of Mr. Pachupate, learned Counsel that except the offence under Sections 123 of the BNS, i.e., Section 328 of the Indian Penal Code, 1860, all other offences are bailable offences. He submits that as far as Section 328 of IPC is concerned, the Supreme Court is considering the applicability of Section 328 of IPC to the similar cases. He therefore, states that the Anticipatory Bail be granted to the Applicants. 5. On the other hand, Ms. Yadav and Mr. Ghag, learned APP strongly oppose the Anticipatory Bail Application. They submit that the offence is very serious and therefore, the Anticipatory Bail 23rd September, 2026 915 ABA-2369-2026=916 ABA-2372-2026.DOC skt Applications be rejected. Both of them submit that the Anticipatory Bail Applications be rejected. 6. Learned APPs submit that if this Court is inclined to grant Anticipatory Bail then the Applicants be directed to give undertaking in terms of order of the Supreme Court in the case of Abhijit Jitendra Lolage vs State of Maharashtra1 and more particularly relies on following condition imposed by the Supreme Court in case of similar offences :- “It is deemed appropriate to impose the condition – “I, Abhijeet Jitendra Lolage do undertake to not deal with Gutkha, that is, PanMasala with Tobacco”. In case, the appellant –Abhijeet Jitendra Lolage violates the terms and conditions of bail, including the undertaking imposed, it would be open to the prosecution to seek cancellation of bail”. (Emphasis added) 7. Mr. Pachupate, learned counsel appearing for all the Applicants, after taking instructions, submits that all the Applicants will give the undertaking. 1 SLP(Cri.) Diary No. 2806/2023 23rd September, 2026 915 ABA-2369-2026=916 ABA-2372-2026.DOC skt 8. The Supreme Court in the said order has imposed the above condition in case of similar offence. 9. Perusal of the record shows that except the offence under Section 123 of BNS (i.e. Section 328 of IPC), the other offences are bailable offences. The issue whether Section 328 of IPC will apply to similar cases is pending before the Supreme Court. As all the Applicants are ready to give the undertaking that they will not deal with Gutkha and Tobacco products in any manner whatsoever, the case is made out for grant of Anticipatory Bail. 10. There are no antecedent against the Applicant. 11. In view above, the following order is passed: O R D E R (a) In the event of arrest of the Applicant-Rahemat Khan Ahmad Khan (in Anticipatory Bail Application No. 2369 of 2026) and the Applicant-Abdul Faizan Abdul Rafiq (in in Anticipatory Bail Application No. 2372 of 2026) in connection with C.R. No.389 of 2026 registered with the Sinnar Police Station, Nahik Rural, the Applicants are directed to be 23rd September, 2026 915 ABA-2369-2026=916 ABA-2372-2026.DOC skt released on bail on their furnishing P.R. Bond in the sum of Rs.1,00,000/- each with one or two solvent sureties in the like amount. (b) The Applicants shall attend the concerned Police Station once in a month, i.e., first Monday of each month, till conclusion of the case. (c) All the Applicants to furnish undertakings to the effect that they will not deal with banned products i.e. Gutkha, Pan Masala with Tobacco products in any manner whatsoever. Such undertakings to be filed in this Court within a period of two weeks from today. (d) The Applicants to strictly comply with the said undertaking. (e) The Applicants shall furnish their cell phone numbers and residential addresses to the Investigating Officer and shall keep the same updated, in case of any change thereto. (f) The Applicants shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. Page 5 of 6 23rd September, 2026 915 ABA-2369-2026=916 ABA-2372-2026.DOC skt (g) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. (h) The Applicants shall not leave India without prior permission of the Court. (i) In case, the Applicants violate the terms and conditions of bail, including the undertaking, it would be open to the prosecution to seek cancellation of bail. 12. The Anticipatory Bail Applications are disposed of accordingly. [MADHAV J. JAMDAR, J.] 23rd September, 2026