39.BA.3479.2026.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION 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 1 of 4 39.BA.3479.2026.doc 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; 2 of 4 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. 3 of 4 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. ] 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.23 20:41:39 +0530