907-ABA-1838-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1838 OF 2026 Prashant Dhanpal Gandhi …Applicant Versus The State of Maharashtra …Respondent Mr. Prashant S. Hagare a/w. Ms. Ekta Patil, for the Applicant. Mr. Mayur Sonawane, APP, for the Respondent-State. Mr. Kailash Kadam, Indapur Police Station, Pune Rural, Pune, present. CORAM: MADHAV J. JAMDAR, J. DATED : 19th AUGUST 2026 PC:- 1. Heard Mr. Hagare, learned Counsel appearing for the Applicant and Mr. Sonawane, learned APP appearing for the Respondent-State. 2. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail in connection with C.R. No.222 of 2026 registered with Indapur Police Station, Pune Rural, Pune, for the offences punishable under Sections 26(2), 26(2)(i), 123, 27(3)(d), 27(3)(e), 59(iii) of the Page 1 Sonali 907-ABA-1838-2026.DOC Food Safety and Standards Act, 2006 and Sections 223 and 275 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”). 3. It is the submission of Mr. Hagare, learned Counsel that except the offence under Section 123 of the BNS, all other offences are bailable offences. He submits that as far as Section 123 of the BNS is concerned, the Supreme Court is considering the applicability of Section 123 (i.e. Section 328 of the Indian Penal Code, 1860) to the similar cases. He therefore, states that the Anticipatory Bail Application be allowed. 4. On the other hand, Mr. Sonawane, learned APP strongly opposes the Anticipatory Bail Application. He submits that the offence is very serious and therefore, the Anticipatory Bail Application be rejected. On instructions, he submits that there are five antecedents against the Applicant. 5. Mr. Hagare, learned Counsel appearing for the Applicant submits that all five antecedents are disclosed in the Application and they are of the same nature. Page 2 Sonali 907-ABA-1838-2026.DOC 6. Mr. Sonawane, learned APP submits that if this Court is inclined to grant Anticipatory Bail then, the Applicant 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 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) 7. Mr. Hagare, learned Counsel appearing for the Applicant submits that the Applicant has filed the undertaking dated 18th August 2026 in this Court in above terms. 8. The Supreme Court in the said order has imposed the above condition in case of similar offence. 1 SLP (Crl.) Diary No.2806/2023 Page 3 Sonali 907-ABA-1838-2026.DOC 9. Perusal of the record shows that except the offence under Section 123 of the BNS, the other offences are bailable offences. The issue whether Section 123 of the BNS will apply to similar cases is pending before the Supreme Court. As the Applicant has given the undertaking that he will not deal with Gutkha and Tobacco products in any manner whatsoever. The said undertaking is accepted. 10. Accordingly, the 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-Prashant Dhanpal Gandhi in connection with C.R. No.222 of 2026 registered with the Indapur Police Station, Pune Rural, Pune, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.1,00,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the concerned Police Station on every Sunday between 11:00 a.m. to 02:00 Page 4 Sonali 907-ABA-1838-2026.DOC p.m. (c) The Applicant to strictly comply with the undertaking accepted by this Court that the Applicant will not deal with banned products i.e. Gutkha, Pan Masala with Tobacco products in any manner whatsoever. (d) The Applicant shall furnish his 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 Page 5 Sonali 907-ABA-1838-2026.DOC conditions of bail, including the undertaking, it would 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 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.08.24 10:59:40 +0530