1/5 3-ABA-561-2026 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 561 OF 2026 Rajan Shantaram Parkar …...Applicant VERSUS. State Of Maharashtra And Anr. …...Respondents ------ Mr. Advait Vajaratkar, for Applicant. Ms. Shubhangi N. Deshmukh, A.P.P., for Respondent Nos.1 and 2 - State. PSI, Mr. S. U. Gawas, Banda Police Station, present. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 28th SEPTEMBER, 2026. P.C. 1. Heard, Mr. Advait Vajaratkar, learned Advocate for the Applicant, and Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent Nos. 1 and 2 – State. 2. By this Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the Applicant seeks pre-arrest bail, apprehending arrest in connection with Crime No. 89 of 2026, registered at Banda Police Station, District Sindhudurg, dated 30th July 2026, for offences punishable under Sections 123, 223, 271 and 275 Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.28 21:04:36 +0530 2/5 3-ABA-561-2026 (CR).DOC of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”), along with Section 59 of the Food Safety and Standards Act, 2006. 3. Mr. Advait Vajaratkar, learned Advocate for the Applicant, submits that there are seven (7) accused in the present case. The Applicant is Accused No.5. 4. Mr. Advait Vajaratkar, learned Advocate for the Applicant, submits that the allegation against the Applicant in Crime No.89 of 2026 is that he was the projected purchaser of the prohibited article (Gutkha). He submits that apart from the said allegation, there are no other allegations against the Applicant. He submits that notice under Section 179 of the BNSS, 2023, was issued to the Applicant. He submits that upon receipt of the said notice under Section 179 of the BNSS, the Applicant appeared before the Investigating Officer and provided details in connection with Crime No. 89 of 2026. 5. Ms. Shubhangi N. Deshmukh, learned A.P.P. for Respondent Nos. 1 and 2 – State, submits that the custodial interrogation of the Applicant is required to secure his mobile phone, which would contain details of the transactions and further for the purpose of investigation into the crime pertaining to prohibited article (Gutkha). 6. There is no dispute that the main offence in the present crime is under Section 123 of the BNS 2023 (old Section 328 of the IPC). The Shantanu S. Dhudum 3/5 3-ABA-561-2026 (CR).DOC question as to whether an offence under Section 123 of the BNS 2023 (Section 328 of the IPC) can be registered in such cases is pending before the Hon’ble Supreme Court in the case of Anand Ramdhani Chaurasia vs. State of Maharashtra1 7. Considering the pendency of the said question before the Hon’ble Supreme Court, this Court has granted Anticipatory Bail as well as Regular Bail to the accused charged with the offence under Section 123 of the BNS. Useful reference can be made to the orders of this Court in the case of Rashid Rukmuddin and Another Vs. The State of Maharashtra2, Tushar B. Bhamare Vs. The State of Maharashtra3, Ahefaz Iqbal Memon alias Menon Vs. The State of Maharashtra4, Dipak Maharajsingh yadav Vs. The State of Maharashtra5 and Karan Ramabhai @ Karamshibhai Hamabhai Jograna and Another Vs. The State of Maharashtra6. 8. Mr. Advait Vajaratkar, learned Advocate for the Applicant, on instructions from the Applicant, states that the Applicant shall appear before the Investigating Officer as and when required by the Investigating Officer and shall co-operate with the investigation in Crime No.89 of 2026. He states that the Applicant shall surrender his mobile phone, without 1 2019 SCC Online Bom 1857 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 4/5 3-ABA-561-2026 (CR).DOC formatting the same, to the Investigating Officer on the date fixed for appearance. Statement accepted. 9. In view of the above and considering the allegations against the Applicant, custodial interrogation of the Applicant in Crime No.89 of 2026 is not necessary. 10. This Application is allowed on the following conditions: ORDER A) In the event of arrest of the Applicant - Rajan Shantaram Parkar, in connection with Crime No.89 of 2026, registered at Banda Police Station, District Sindhudurg, dated 30.07.2026, for the offences punishable under Sections 123, 223, 271, 275 of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”) along with Section 59 of the Food Safety and Standards Act, 2006, the Applicant shall be released on bail on furnishing P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Investigating Officer, Banda Police Station. B) The Applicant shall appear and report to the Investigating Officer at Banda Police Station, Taluka Sawantwadi, District Sindhudurg, on 5th, 6th and 7th October, 2026 from 10:00 Shantanu S. Dhudum 5/5 3-ABA-561-2026 (CR).DOC a.m. to 12:00 noon, and thereafter as and when required by the Investigating Officer. The Applicant shall cooperate with the investigation. C) The Applicant shall submit his mobile phone to the Investigating Officer on 5th October 2026. D) The Applicant shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case to dissuade such person from disclosing the facts to the Court or any police officer. E) The Applicant shall not tamper with the evidence, in any manner. F) The Applicant shall provide the Investigating Officer with his residential address along with proof, his contact number, email and must inform the Investigating Officer of any changes to this information from time to time. G) The Applicant shall not indulge in similar offences. 11. Anticipatory Bail Application No.561 of 2026 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum