Bombay High Court
ABA/605/2026 of PARAMESHWAR BHIMRAYA BALAGANV Vs THE STATE OF MAHARASHTRA AND ANR. on 12 October 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 605 OF 2026 Parameshwar Bhimraya Balaganv …...Applicant VERSUS The State Of Maharashtra And Anr. …...Respondents
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. ANTICIPATORY BAIL APPLN. NO. 605 OF 2026
Parameshwar Bhimraya Balaganv …...Applicant
VERSUS
The State Of Maharashtra And Anr. …...Respondents _________________________________________________________________
Mr. Hrishikesh S. Shinde a/w Mr. Vivek Shere, for Applicant.
Ms. Shubhangi N. Deshmukh, A.P.P., for Respondent Nos.1 and 2 – State.
PSI, Mr. S. B. Kashid, Mandrup Police Station, Solapur Rural, present.
_________________________________________________________________
CORAM
: ASHWIN D. BHOBE, J.
DATE
: 12th OCTOBER, 2026.
P.C.
1.
Heard, Mr. Hrishikesh S. Shinde, learned Advocate for the Applicant and Ms. Shubhangi N. Deshmukh, 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 seeks pre-arrest bail, apprehending arrest in connection with Crime No. 369 of 2026 registered at Mandrup Police Station, Solapur Rural, for the offences punishable under Sections 123, 275, 274, 223 of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”) and Sections 26(2)(i),
26(2)(ii), 26(2)(iv), 27(3)(e), 30(2)(a) read with Section 59 of the Food Safety and Standards Act, 2006.
3.
Mr. Hrishikesh S. Shinde, learned Advocate for the Applicant, submits that there are two accused in Crime No. 369 of 2026 and that the Applicant is Accused No. 2.
4.
The main offence in the F.I.R. is under Section 123 of the BNS, which deals with causing hurt by means of poison, etc., with the intent to commit an offence.
5.
Mr. Hrishikesh S. Shinde, learned Advocate for the Applicant, submits that the allegation against the Applicant in Crime No. 369 of 2026
is that he is a supplier of gutkha, which is banned in the State of Maharashtra. He submits that the Applicant has no criminal antecedents.
He further submits that, apart from the offence under Section 123 of the BNS, all the other offences registered in Crime No. 369 of 2026 are bailable.
6.
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 1 2019 SCC OnLine Bom 1857
as well as Regular Bail to the Accused charged with the offence under Section 123 of the BNS.
7.
Mr. Hrishikesh S. Shinde, learned Advocate for the Applicant, states that Accused No.1 (Narayan Arjun Hugar) in the F.I.R. has been released on bail by this Court in Bail Application No.930 of 2026 on 8th October, 2026. He submits that the allegations against the Applicant are similar to the allegations against the Accused No.1 (Narayan Arjun Hugar )
in the F.I.R.
8.
Mr. Hrishikesh S. Shinde, learned Advocate for the Applicant, relies on the decisions in the case of Rashid Rukmuddin and Another Vs.
The 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, where in Accused charged with the offence under Section 123 of the BNS were released on Bail.
9.
Ms. Shubhangi N. Deshmukh, learned A.P.P., for Respondent Nos.1 and 2 – State, does not dispute that the issue regarding the 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.
applicability of Section 123 of the BNS is pending for consideration before the Hon’ble Supreme Court.
10.
In view of the same, the present Application is allowed on the following terms and conditions:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
1
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
A) In the event of arrest of the Applicant - Parameshwar Bhimraya Balaganv, in connection with Crime No. 369 of 2026 registered at Mandrup Police Station, Solapur Rural, for the offences punishable under Sections 123, 275, 274, 223 of the BNS and Sections 26(2)(i), 26(2)
(ii) , 26(2)(iv), 27(3)(e), 30(2)(a) read with Section 59 of the Food Safety and Standards Act, 2006, the Applicant shall be released on bail on furnishing a P.R. Bond
in
the
sum
of
Rs.1,00,000/- (Rupees One Lakh Only), with one or two local sureties in the like amount, to the satisfaction of the Investigating Officer, Mandrup Police Station, Solapur Rural. B) The Applicant shall report to the Investigating Officer, Mandrup Police Station, Solapur Rural, on 15th, 16th, 17th and 19th October, 2026 from 11:00 a.m. to 12:00 noon, and thereafter as and when required by the Investigating Officer. The Applicant shall cooperate with the Investigating Officer in the investigation of Crime No.369 of 2026. C) 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 person from disclosing such facts to the Court or to any police officer. D) The Applicant shall not tamper with the evidence, in any manner. E) The Applicant shall provide the Investigating Officer with his residential address along with proof, his contact number and must inform the Investigating Officer of any change to this information from time to time. F) The Applicant shall not indulge in or involve himself in any similar offence
11. Criminal Anticipatory Bail Application No.605 of 2026 is disposed of accordingly. ( ASHWIN D. BHOBE, J.)