4-ABA-576-2026 (CR).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.576 OF 2026 Darshan Suresh Chougule …...Applicant Versus. The State of Maharashtra ...…Respondent ----- Mr. Parvej Nadaf i/b Mr. Santosh Mane, for the Applicant. Mr. S. H. Yadav, A.P.P. for the Respondent-State. Mr. V. B. Maskar, API, Shivajinagar Police Station, Ichalkaranji, Kolhapur. ------- Coram : ASHWIN D. BHOBE, J. Date : 29th September 2026. PER COURT : 1. Heard, Mr. Parvej Nadaf, learned Advocate for the Applicant and Mr. S. H. Yadav, learned A.P.P. for Respondent-State. 2. By the present 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. 754 of 2026, dated 06/09/2026, registered with Shivajinagar Police Station, Kolhapur, for offences punishable under Sections 123, 223, 274, 275 and 3(5) of the Suresh 1 of 5 4-ABA-576-2026 (CR).doc Bharatiya Nyaya Sanhita, 2023 and Section 59 of the Food Safety and Standards Act, 2006. 3. Mr. Parvej Nadaf, learned advocate for the Applicant, states that the allegations against the Applicant in Crime No. 754 of 2026 are that the Applicant had supplied the prohibited article (Gutka) worth Rs.2,19,000/- to the other accused. He submits that the Applicant has no criminal antecedents. 4. Mr. Parvej Nadaf, learned Advocate for the Applicant, submits that the main offence alleged against the Applicant in Crime No. 754 of 2026 is under Section 123 of the BNSS, which deals with causing hurt by means of poison, etc., with intent to commit an offence.. 5. The question of whether an offence under Section 123 of the BNSS 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 and other connected matters. Given the pendency of the question before the Hon’ble Supreme Court, this Court has granted Anticipatory Bail as well as Regular Bail to the Accused charged under Section 123 of the BNSS. 6. Mr. Parvej Nadaf, learned Advocate for the Applicant, relies on the decisions in the case of Rashid Rukmuddin and Another Vs. The state of 1 2019 SCC OnLine Bom 1857. Suresh 2 of 5 4-ABA-576-2026 (CR).doc Maharashtra2, Tushar B. Bhamare Vs. The State of Maharashtra3, Ahefaz Iqbal Memon alias Menon Vs. The State of Maharashtra4, Dipak Maharajsing Yadav Vs. The State of Maharashtra5 and Karan Ramabhai @ Karamshibhai Hamabhai Jograna and Another Vs. The State of Maharashtra6, wherein Accused charged with the offence under Section 123 of the BNSS were released on bail. 7. Mr. S. H. Yadav, learned A.P.P. for the State, does not contest that the question of whether an offence under Section 123 of the BNSS can be registered in such cases is pending before the Hon’ble Supreme Court. He submits that during the investigation in Crime No. 754 of 2026, the name of Accused No. 3 was revealed to be the supplier of the prohibited articles. 8. In view of the above, this Application is allowed on the following terms: ORDER (A) In the event of arrest of the Applicant - Darshan Suresh Chougule, in connection with Crime No.754 of 2026, dated 06/09/2026, registered with Shivajinagar Police Station, 2 Criminal Bail Application No.403 of 2023 decided on 6th February, 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, 2024. Suresh 3 of 5 4-ABA-576-2026 (CR).doc Kolhapur, the Applicant shall be released on bail on furnishing P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one or two sureties in the like amount, to the satisfaction of the Investigating Officer, Shivajinagar Police Station, Kolhapur. (B) The Applicant shall report to the Investigating Officer, Shivajinagar Police Station, Kolhapur, on 5th , 6th , 7th and 8th October 2026 from 10:00 a.m. to 12:00 p.m. If the Investigating Officer at Shivajinagar Police Station requires the Applicant on any other day, the Applicant shall ensure his presence before the Investigating Officer. The Applicant shall cooperate with the investigation of Crime No.754 of 2026. (C) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person/s acquainted with the facts of the case to dissuade such person/s from disclosing the facts to the Court or any police officer. (D) The Applicant shall not tamper with the evidence in any manner. (E) The Applicant shall not indulge in or be involved in a similar offence. Suresh 4 of 5 4-ABA-576-2026 (CR).doc 9. Anticipatory Bail Application No.576 of 2026 is disposed of. [ ASHWIN D. BHOBE, J. ] Suresh 5 of 5