50.BA.2959.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2959 OF 2026 Ajay Bhagwandas Peswani .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Manoj Mohite, Senior Advocate a/w. Mr. Sagar Kursija, Advocate for Applicant.  Mr. Yogesh M. Nakhwa, APP for Respondent – State.  API – Madhumati Shinde, Pimpri Police Station present. ......…........... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 10, 2026. P.C.: 1. Heard Mr. Mohite, learned Senior Advocate for Applican and Mr. Nakhwa, learned APP for Respondent – State. 2. This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in connection with C.R.No.328 of 2026 registered with Pimpri Police Station, District Pune for offences punishable under Section 123 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Sections 65(c), 65(e) and 65(f) of the Maharashtra Prohibition Act. The First Information Report is filed on 03.06.2026 and Applicant came to be arrested on 06.06.2026. 3. Applicant is arraigned as Accused No.2 in the present crime. Accused No.1 has been apprehended by the prosecution while carrying 1 of 5 50.BA.2959.2026.doc 20 liters of illicitly brewed liquor in a public place. On further investigation, Accused No.1 led the prosecution and investigating agency to his house. In that house, belonging to Accused No.1, a domestic setup for brewing illicit liquor comprising 1 steel drum and pipes, etc. was found. 4. That apart, raw material used for brewing illicit liquor namely Gur (Black Jaggery) and Ammonium Chloride (uolkxj) was also found. When further inquiry was made, statement of Accused No.1 namely memorandum panchnama was recorded which stated that he had purchased the Black Jaggery and Ammonium Chloride, both from the Applicant’s store and hence Applicant is arraigned as Accused No.2. Applicant is a grocery shop owner and has been carrying on grocery business for the past many years. In the course of his day-to-day business of selling grocery items and other articles, the sale of Black Jaggery and Ammonium Chloride is a normal part of his business carried on by him. 5. Mr. Mohite, learned Senior Advocate has immediately interjected and pointed out at this juncture that Ammonium Chloride is otherwise also available for sale on the Amazon website freely. The prosecution has not been able to show me as to whether the sale of Black Jaggery and Ammonium Chloride constitutes sale of any contraband substance or is prohibited or banned under any provision 2 of 5 50.BA.2959.2026.doc of any statute. 6. The Applicant is a grocer and is carrying on his family business. The Applicant has made out a case for the grant of bail on above facts. Needless to state that the complicity of the Applicant will have to be established by the prosecution at the time of trial. 7. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Ajay Bhagwandas Peswani is directed to be immediately released from prison in connection with CR. No.328 of 2026; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Pimpri Police Station, once every month, on the first Monday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, 3 of 5 50.BA.2959.2026.doc unless specifically exempted. Applicant shall not seek unnecessary adjournments. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 8. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 4 of 5 50.BA.2959.2026.doc 9. Bail Application is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay 5 of 5 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.10 19:56:03 +0530