1/5 901-ABA-499-2026 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 499 OF 2026 Santosh Changadev Surwase …...Applicant VERSUS State Of Maharashtra And Another …...Respondents _________________________________________________________________ Mr. Shailesh Chavan a/w Mr. Sujit Nikam, Mr. Sumit Vhanbatte and Ms. Swarrali B. Chougule i/b Mr. Ajinkya Sanitrao, for the Applicant. Mr. S. H. Yadav, APP, for Respondent Nos.1 and 2 - State. PSI, Mr. Rajesh Gosavi, Pandharpur Taluka Police Station, present. _________________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 4th SEPTEMBER, 2026. P.C. 1. Heard Mr. Shailesh Chavan, learned Advocate for the Applicant and Mr. S. H. Yadav, learned A.P.P. for Respondent Nos.1 and 2 – State. 2. By the present Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the Applicant is seeking pre-arrest bail, apprehending arrest in connection with Crime No. 0549 of 2026, dated 06/08/2026 registered with Pandharpur Taluka Police Station, for the offences punishable under Sections 26(2)(i), 26(2)(ii), 26(2)(iv) read with Sections 27(3)(e), 30(2)(a) and 59 of the Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.04 21:22:02 +0530 2/5 901-ABA-499-2026 (CR).DOC Food Safety and Standards Act, 2006 and Sections 123, 223, 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 3. Mr. Shailesh Chavan, learned Advocate for the Applicant, submits that the main offence alleged against the Applicant in Crime No.0549 of 2026 is under Section 123 of the BNS, which deals with causing hurt by means of poison, etc., with intent to commit an offence. He submits that, apart from the offence punishable under Section 123 of the BNS, all the other offences alleged against the Applicant in the said crime are bailable offence. 4. The allegations against the Applicant are that the Applicant possessed Gutkha worth Rs.87,900/-, which is a banned item in the Stateof Maharashtra. The question of whether an offence under Section 123 of the BNS 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. Considering 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 with the offence under Section 123 of the BNS. 5. Mr. Shailesh Chavan, learned Advocate for the Applicant, relies on the decisions in the case of Rashid Rukmuddin and Another Vs. The 1 2019 SCC OnLine Bom 1857. Shantanu S. Dhudum 3/5 901-ABA-499-2026 (CR).DOC state of 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 BNS were released on bail. 6. Mr. S. H. Yadav, learned A.P.P. for Respondent Nos.1 and 2 – State, does not dispute that the issue regarding the applicability of Section 123 of the BNS is pending for consideration before the Hon’ble Supreme Court. 7. In view of the same, the present Application is granted on the following terms: ORDER (A) In the event of arrest of the Applicant - Santosh Changadev Surwase , in connection with Crime No. 0549 of 2026, dated 06/08/2026 registered with Pandharpur Taluka Police Station, for the offences punishable under Sections 26(2)(i), 26(2)(ii), 26(2)(iv) read with Sections 27(3)(e), 30(2)(a) and 59 of the 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. Shantanu S. Dhudum 4/5 901-ABA-499-2026 (CR).DOC Food Safety and Standards Act, 2006 and Sections 123, 223, 274, 275 and 3(5) of the BNS, the Applicant shall be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one or two sureties in the like amount, to the satisfaction of the Investigating Officer, Pandharpur Taluka Police Station. (B) The Applicant shall report to the Investigating Officer, Pandharpur Taluka Police Station, on 8th, 9th and 10th September, 2026 between 10:00 a.m. to 12:00 noon. In the event the Applicant is required by Investigating Officer, Pandharpur Taluka Police Station, on any other day, the Applicant shall ensure his presence before the Investigating Officer. (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. Shantanu S. Dhudum 5/5 901-ABA-499-2026 (CR).DOC (E) The Applicant shall cooperate with the Investigating Officer, Pandharpur Taluka Police Station, in the process of investigation of the present Crime. (F) The Applicant shall not indulge or involve himself in similar offence. 8. Anticipatory Bail Application No.499 of 2026 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum