924-ABA-2555-2026.DOC Arjun IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2555 OF 2026 Soudamini Behera …Applicant Versus The State of Maharashtra …Respondent Mr. Rahul Mishra a/w Roshni Vishwakarma, for the Applicant. Mr. S. S. Ghag, APP, for the Respondent-State. API Rajesh Khandave, Uran Police Station, Navi Mumbai, present. CORAM: MADHAV J. JAMDAR, J. DATED: 24 SEPTEMBER 2026 PC:- 1. Heard Mr. Mishra, learned Counsel appearing for the Applicant and Mr. Ghag, learned APP, for the Respondent-State. 2. By the present Anticipatory Bail Application, the Applicant is seeking pre-arrest bail in connection with C.R. No.89 of 2025 registered on 27th April 2025 with the Uran Police Station, Navi Mumbai, for the offences punishable under Sections 26, 59 and 27(2)(e) of the Food Safety and Standards Act, 2006 and Sections 123, 274, 223 and 275 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”). Page 1 ARJUN VITTHAL KUDHEKAR Digitally signed by ARJUN VITTHAL KUDHEKAR Date: 2026.09.24 20:50:43 +0530 924-ABA-2555-2026.DOC Arjun 3. As per the prosecution case, the Applicant was found dealing with contraband material Gutka which is unsafe and dangerous for the health of people. 4. It is the submission of Mr. Mishra, learned Counsel that except the offence under Section 123 of BNS i.e. 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. 5. On the other hand, Mr. Ghag, learned APP, strongly opposes the Anticipatory Bail Application. He, therefore, submits that the Anticipatory Bail Application be rejected. 6. Learned APP submits that if this Court is inclined to grant anticipatory bail then the Applicant be directed to give an undertaking in terms of the direction of the Supreme Court in the case of Abhijit Jitendra Lolage vs State of Maharashtra 1, and more 1 SLP (Crl.) Diary No.2806/2023 Page 2 924-ABA-2555-2026.DOC Arjun particularly relies on the 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) Mr. Mishra, learned Counsel appearing for the Applicant, after taking instructions, submits that the Applicants will give the undertaking. The Supreme Court in the said Order has imposed the above condition in case of similar offence. 7. Perusal of the record shows that except the offence under 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 Applicant is ready to give the undertaking that they will not deal with Gutkha and Page 3 924-ABA-2555-2026.DOC Arjun Tobacco products in any manner whatsoever, the case is made out for grant of anticipatory bail. 8. Mr. Mishra, learned Counsel for the Applicant tenders undertaking dated 24th September 2026. The said undertaking is accepted. 9. There are no criminal antecedents against the Applicant. 10. In view thereof, the following Order is passed: O R D E R (a) In the event of arrest of the Applicant - Soudamini Behera in connection with C.R. No.89 of 2025 registered with the Uran Police Station, Navi Mumbai, the Applicant is directed to be released on bail on her furnishing PR Bond in the sum of Rs.50,000/- each with one or two solvent sureties in the like amount. (b) The Applicant shall attend the concerned Police Station as and when called and shall cooperate with the investigation. (c) The Applicant to abide by the undertaking given to Page 4 924-ABA-2555-2026.DOC Arjun the effect that she will not deal with banned products i.e. Gutkha, Pan Masala with Tobacco products, in any manner whatsoever. The Applicant to strictly comply with the said undertaking. (d) The Applicant shall furnish her cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (e) The Applicant 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 Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. (g) The Applicant shall not leave India without prior permission of the Court. (h) In case, the Applicant violates the terms and conditions of bail, including the undertaking, it would Page 5 924-ABA-2555-2026.DOC Arjun be open to the prosecution to seek cancellation of bail. 11. The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 6