912-ABA-442-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 442 OF 2026 Sarfraj Sharif Tamboli … Applicant Versus. The State of Maharashtra & Anr. … Respondents ----- Mr. Onkar Bajaj i/b. Mr. Priyal Gopaldas Sarda for the Applicant. Dr. A.A. Takalkar, A.P.P. for the Respondents-State. ------- Coram : ASHWIN D. BHOBE, J. Date : 11th September 2026. PER COURT : 1. Heard, Mr. Onkar Bajaj, learned Advocate for the Applicant and Dr. Takalkar, learned A.P.P. for the Respondents-State. 2. By the present Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-arrest bail, apprehending arrest in connection with Crime No. 0366 of 2026, dated 17th May 2026, registered with Barshi City Police Station, District Solapur Rural, for offences punishable under Sections 223, 274, 275, 123 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 26(2)(i), 26(2)(ii), 26(2) osk 1 of 4 912-ABA-442-2026 (CR).docx (iv), 27(3)(e), 30(2)(a) and 59 of The Food Safety & Standards Act, 2006. 3. The main offence in Crime No. 0366 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. 4. The allegations against the Applicant are that the Applicant possessed Gutkha / pan masala, which is a banned item in the State of 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. Dr. Takalkar, learned A.P.P. for the Respondents-State, on instructions from the Investigating Officer through the Police Officer of the said Police Station who is present in Court, submits that the Applicant has appeared before the Investigating Officer and has cooperated with the investigation in Crime No. 0366 of 2026. 6. In view of the same, the present Application is granted on the 1 2019 SCC OnLine Bom 1857 osk 2 of 4 912-ABA-442-2026 (CR).docx following terms :- (a) In the event of the arrest of the Applicant in Crime No. 0366 of 2026, dated 17th May 2026, registered with Barshi City Police Station, District Solapur Rural, the Applicant shall be released on bail upon furnishing a P.R. bond of Rs. 100, 000/- (Rupees One lakh only), with one or two sureties in the like amount to the satisfaction of the Investigation Officer, Barshi City Police Station, District Solapur Rural. (b) The Applicant shall appear and report to the Investigating Officer, Barshi City Police Station, District Solapur Rural, on the 2nd and 4th Monday of every month, between 11:00 a.m. and 12:00 p.m., commencing from 28th September 2026. If the Investigating Officer, Barshi City Police Station, District Solapur Rural, requires the Applicant to appear on any other day, the Applicant shall ensure his presence before the Investigating Officer. The Applicant shall cooperate with the investigation of Crime No. 0366 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 osk 3 of 4 912-ABA-442-2026 (CR).docx the facts to the Court or any police officer. (d) The Applicant shall not tamper with evidence in any manner. (e) The Applicant shall cooperate with the Investigating Officer in the process of investigation of the present Crime. (f) The Applicant shall provide the Investigating Officer with his residential address along with proof, his contact numbers, email and must inform the Investigating Officer of any changes to this information from time to time. (g) The Applicant shall not indulge in a similar offence. 7. Anticipatory Bail Application No. 442 of 2026 is disposed of. [ ASHWIN D. BHOBE, J. ] osk 4 of 4 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.09.11 17:08:05 +0530