928 ABA-2647-2026.DOC skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2647 OF 2026 1. Babar Salahuddin Khan 2. Rustam Salahuddin Khan …Applicants Vs. State of Maharashtra …Respondent Mr. Amey Prakash Sheth, for the Applicants. Mrs. M.R. Tidke, APP for the Respondent-State. PSI Hasina Hamid Shaikh, Chikhali Police Station, Pimpri- Chinchwad. CORAM: MADHAV J. JAMDAR, J. DATE : 23rd SEPTEMBER, 2026 P. C.: 1. Heard Mr. Amey Sheth, learned counsel appearing for the Applicants and Mrs. M.R. Tidke, learned APP appearing for the Respondent-State. 2. By the present Applications, the Applicants are seeking pre- arrest bail in connection with C.R. No. 264 of 2026 registered on 20th June 2026 under Sections 26(2)(i), 26(2)(iv), 27(3)(e), 3(1) (zz)(iv), 30(2)(a) and 59 of the Food Safety Act, 2006 and Sections 123, 223, 274, 275 and 3(5) of the Bharatiya Nyaya 23rd September, 2026 928 ABA-2647-2026.DOC skt Sanhita, 2023 (“BNS”) registered with Chikhali Police Station, Pimpri Chinchwad. 3. As per the prosecution case, the Applicants were found dealing with contraband material i.e Gutkha which is unsafe and dangerous for the health of people. 4. It is the submission of Mr. Sheth, learned counsel for the Applicants that except the offence under Section 123 of BNS (i.e 328 of IPC), all other offenses 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. 5. On the other hand, Mrs. Tidke, learned APP strongly opposes the Anticipatory Bail Application. She submits that the offence is very serious, and therefore, the Anticipatory Bail Applications be rejected. She submits that the Applicant has five antecedents of similar nature. She, therefore, submits that the Anticipatory Bail Application be rejected. Page 2 of 6 23rd September, 2026 928 ABA-2647-2026.DOC skt 6. Learned APP submits 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, Pan Masala 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. Sheth, learned counsel appearing for the Applicants, after taking instructions, submits that the Applicants will give the undertaking. 8. The Supreme Court in the said order has imposed the above conditions in case of similar offence. 1 SLP (Cri.) Diary No. 2806/2023 23rd September, 2026 928 ABA-2647-2026.DOC skt 9. Perusal of the record shows that except the offence under Section 123 of BNS (i.e earlier 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 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. Although there are five antecedents against the Applicants, he has been released on regular bail in two cases and anticipatory bail in three cases. However, as there are five antecedents stringent conditions are required to be imposed. 11. Accordingly, a case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed:- O R D E R (a) In the event of arrest of the Applicant No.1- Babar Salahuddin Khan and Applicant No.2-Rustam Salahuddin Khan in connection with C.R. No. 264 of 2026 registered 23rd September, 2026 928 ABA-2647-2026.DOC skt with Chikhli Police Station, Pimpri Chinchwad, the Applicants are directed to be 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 week, i.e., on each Monday between 11:00 A.M. to 2:00 P.M. for a period of 1 year i.e upto 30th September 2027 and thereafter once in a month i.e on first Monday of each month between 11:00 AM to 2:00 PM till the conclusion of the trial. (c) 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 are to be filed in this Court within a period of two weeks from today. The Applicants to strictly comply with the said undertakings. (d) The Applicants shall furnish their cell phone numbers and residential addresses to the Investigating 23rd September, 2026 928 ABA-2647-2026.DOC skt Officer and shall keep the same updated, in case of any change thereto. (e) 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. (f) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. (g) The Applicants shall not leave India without prior permission of the Court. (h) 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 Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] 23rd September, 2026