1 38-BA-794-2026 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 794 OF 2026 Giridhar Jalindar More …...Applicant VERSUS State Of Maharashtra And Anr. …...Respondents _________________________________________________________________ Mr. Indraneel R. Bhosale, for Applicant. Dr. Ashvini A. Takalkar, APP, for Respondent Nos.1 and 2 - State. Mr. Mahadev M. Pise, Head Constable, Phaltan Rural Police Station, District: Satara, present. _________________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 25th AUGUST, 2026. P.C. 1. Heard Mr. Indraneel R. Bhosale, learned Advocate for the Applicant and Dr. Ashvini A. Takalkar, learned APP, for Respondent Nos.1 and 2 – State. 2. By the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the Applicant seeks regular bail in connection with Crime No.415 of 2026 registered with Phaltan Rural Police Station, for the offences punishable under Sections 61, 123, 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.08.25 15:47:24 +0530 2 38-BA-794-2026 (CR).DOC “BNS”) and Section 26, 27, 3(1)(zz)(iv) and 59 of the Food Safety and Standards Act, 2006. 3. Mr. Indraneel R. Bhosale, learned Advocate for the Applicant, submits that there are five (5) accused in Crime No.0415 of 2026, and that the Applicant is Accused No.4. 4. Mr. Indraneel R. Bhosale, learned Advocate for the Applicant submits that the allegations against the Applicant are of supplying whey powder to Mangal Dilip Bhosale (Accused No.1). He submits that the allegations of adulteration are primarily against Mangal D. Bhosale (Accused No.1) in Crime No.0415 of 2026. 5. The Applicant was arrested on 13th July, 2026. The Bail Application No.134 of 2026 filed by the Applicant was rejected by the Additional Sessions Judge, Phaltan on 22nd July, 2026. 6. Mr. Indraneel R. Bhosale, learned Advocate for the Applicant submits that apart from the allegations regarding the supply of whey powder, there are no other allegations against the present Applicant. He further submits that the issue pertaining to Section 123 of the BNS (earlier Section 328 of the Indian Penal Code, 1860), is pending consideration before the Hon’ble Supreme Court in the case of Anand Ramdhani Chaurasia v/s. The State of Maharashtra1. He submits that the Applicant 1 2019 SCC OnLine Bom 1857. Shantanu S. Dhudum 3 38-BA-794-2026 (CR).DOC does not have any criminal antecedents. He relies on the following decisions of this Court in the cases of : i. Rashid Rukmuddin and Another v/s. The State of Maharashtra2, ii. Tushar B. Bhamare v/s. The State of Maharashtra3, iii. Ahefaz Iqbal Memon alias Menon v/s. The State of Maharashtra4, iv. Dipak Maharajsing Yadav v/s. The State of Maharashtra5 and v. Karan Ramabhai @ Karamshibhai Hamabhai Jograna and Another v/s. The State of Maharashtra6. 7. Dr. Ashvini A. Takalkar, learned APP for Respondent Nos.1 and 2 – State, submits that the investigation in Crime No.0415 of 2026 is on going. She further submits that the allegations against the Applicant are regarding the supply of whey powder to Accused No.1, who is accused of making adulterated products. She does not dispute that the issue pertaining to Section 123 of the BNS is pending before the Hon’ble Supreme Court. 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 38-BA-794-2026 (CR).DOC 8. Mr. Indraneel Bhosale, learned Advocate submits that the Applicant does not have any criminal antecedents. 9. I have perused the records with the assistance of learned Advocates of the parties. 10. Perusal of the records reveals that apart from the allegations of the Applicant being involved in supply of the whey powder, there are no other allegations against the Applicant. The main accused Mangal D. Bhosale has been granted anticipatory bail by the Additional Sessions Judge, Phaltan on 14th August, 2026 in Criminal Bail Application No.138 of 2026. Applicability of Section 123 of the BNS (earlier Section 328 of the IPC) is pending before the Hon’ble Supreme Court. 11. Considering the facts and circumstances of the present case, the issue of the aforesaid provisions being pending before the Hon’ble Supreme Court and the view taken by this Court in various identical matters, I am inclined to release the Applicant on regular bail. 12. In view of the above, the present Bail Application is allowed on the following conditions:- ORDER i. The Applicant - Giridhar Jalindar More, is directed to be released on bail in connection with Crime No.415 of 2026 registered with Phaltan Rural Police Station, for the offences punishable under Sections 61, 123, 274, 275, 3(5) of the Shantanu S. Dhudum 5 38-BA-794-2026 (CR).DOC Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”) and Section 26, 27, 3(1)(zz)(iv) and 59 of the Food Safety and Standards Act, 2006, on executing 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 Additional Sessions Judge, Phaltan. ii. The Applicant shall appear before and report to the Investigating Officer at Phaltan Rural Police Station, District: Satara on 2nd Monday of each month, between 10:00 a.m. to 12:00 noon, till the framing of the charge. iii. The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of accusation, so as to dissuade him from disclosing such facts to the Court or to any police officer. iv. The Applicant shall not tamper with the prosecution witnesses and evidence in any manner. v. The Applicant shall co-operate in the conduct of the trial and shall regularly appear before the learned Trial Court as and when summoned in the trial proceedings, unless exempted from appearance. vi. The Applicant upon his release, within a period of three days from his release, shall furnish his cell phone number and residential address with proof to the Investigating Officer, Phaltan Rural Police Station, District: Satara, and shall keep the same updated, in case of any change thereto. 13. Criminal Bail Application No.794 of 2026 stands disposed of in the abovesaid terms. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum