[Cites 2, Cited by 0]
Bombay High Court
Sumit Durgaprasad Gupta vs The State Of Maharashtra on 3 February, 2026
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
2026:BHC-AS:5425 906-ABA-300-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.300 OF 2026
Sumit Durgaprasad Gupta ...Applicant
Versus
Digitally
signed by The State of Maharashtra ...Respondent
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.02.03 Mr. Shubham Sudam Sane h/f. Mr. Anup Lahoti, for the Applicant.
14:53:58
+0530 Ms. R. V. Newton, APP, for the Respondent-State.
Mr. Amol Balu Jagtap, HC, attached to Crime Branch ANC-2, Pune
City, Pune, present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 3rd FEBRUARY 2026
PC:-
1. Heard Mr. Sane, learned Counsel appearing for the Applicant
and Ms. Newton, learned APP appearing for the Respondent-State.
2. This application is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in
connection with C.R. No.544 of 2025 registered with Loni Kalbhor
Police Station, Pune, for the offences punishable under Sections
123, 223, 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023
and Sections 26(2)(i), 26(2)ib), 27(3)(d), 27(3)(e), 59 and 63 of
the Food Safety and Standards Act, 2006.
Page 1
Sonali
::: Uploaded on - 03/02/2026 ::: Downloaded on - 03/02/2026 20:52:35 :::
906-ABA-300-2026.DOC
3. As per the prosecution case the Applicant was selling
contraband material which is unsafe and dangerous for the health
of people.
4. It is the submission of Mr. Sane, learned Counsel appearing
for the Applicant that except the offence under Section 123 of
BNS, all other offences are bailable offences. He submits that as far
as Section 123 of BNS is concerned, the Supreme Court is
considering the applicability of Section 123 (i.e. Section 328 of
IPC) to the similar cases. He therefore, states that the Anticipatory
Bail be granted.
5. On the other hand, Ms. Newton, learned APP strongly
opposes the Anticipatory Bail Application. She submits that the
offence is very serious and therefore, the Anticipatory Bail
Application be rejected. On instructions, learned APP, submits that
there is one antecedent of similar nature.
6. 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
Page 2
Sonali
::: Uploaded on - 03/02/2026 ::: Downloaded on - 03/02/2026 20:52:35 :::
906-ABA-300-2026.DOC
Abhijit Jitendra Lolage vs State of Maharashtra 1 and more
particularly relies on 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)
Mr. Sane, learned Counsel appearing for the Applicant after
taking the instructions submits that the Applicant will give the
undertaking.
7. The Supreme Court in the said order has imposed the above
condition in case of similar offence.
8. Perusal of the record shows that except the offence under
Section 123 of BNS the other offences are bailable offences. The
issue whether Section 123 of BNS will apply to similar cases is
pending before the Supreme Court. As the Applicant is ready to
1 SLP (Crl.) Diary No.2806/2023
Page 3
Sonali
::: Uploaded on - 03/02/2026 ::: Downloaded on - 03/02/2026 20:52:35 :::
906-ABA-300-2026.DOC
give the undertaking that he will not deal with Gutkha and
Tobacco products in any manner whatsoever, the case is made out
for grant of Anticipatory Bail. However, as there is one antecedent,
it is necessary to impose stringent conditions on the Applicant.
9. In view thereof, the following order is passed:
ORDER
(a) In the event of arrest of the Applicant-Sumit
Durgaprasad Gupta in connection with C.R. No.544 of
2025 registered with the Lonikalbhor Police Station,
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 Lonikalbhor Police
Station, Pune, once in a week i.e. on every Sunday
between 11:00 a.m. to 02:00 p.m. till conclusion of
the trial.
(c) The Applicant to furnish an undertaking that he will
not deal with banned products i.e. Gutkha, Pan
Page 4
Sonali
906-ABA-300-2026.DOC
Masala with Tobacco products in any manner
whatsoever. Such undertaking is to be filed in this
Court within a period of two weeks from today. The
Applicant to strictly comply with the said undertaking.
(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 learned Trial Court/concerned
Sessions Court.
(h) In case, the Applicant violates the terms and
conditions of bail, including the undertaking, it would
Page 5
Sonali
906-ABA-300-2026.DOC
be open to the prosecution to seek cancellation of bail.
10. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
Page 6
Sonali
