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Bombay High CourtABA/1115/2025application allowed

Balkrushna Armugam Pillai v. The State Of Maharashtra And Another

2025-09-30Hon'Ble Shri Justice Neeraj P. Dhote3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 ANTICIPATORY BAIL APPLICATION NO. 1115 OF 2025 Balkrushna S/o Armugam Pillai, Age: 31 yrs, Occupation: Business, R/o. Room No.221, Ganesh Mitra Mangal Chawl, Sardar Nagar No.4, Sayan Koliwada, Mumbai ....Applicant

VERSUS

The State Of Maharashtra And Another .....Respondents .....

Mr. Deshpande Chaitanya Chandrakant, Advocate for Applicant Mr. M. K. Goyanka, APP for the Respondents - State .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

30.09.2025 PER COURT :

1.

Heard the learned Advocate for the Applicant and the learned APP for the Respondent - State. Perused the papers on record. 2.

The Crime bearing No.0087/2024 is registered with Songir Police Station, District Dhule, for the offences punishable under Sections 59(i), 3, 27(3)(e), 27(3)(d) and 26(2)(iv) of the Food Safety and Standard Act, 2006 and under Sections 188, 272, 273 and 328 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC'), on the report lodged by the Food Inspector. Since the Applicant is apprehending arrest, his name has surfaced during the course of investigation. Therefore, he has filed this Application for Anticipatory Application.

3.

It the case of Prosecution that, on the basis of information received by the Informant, a truck was intercepted on 15/04/2024 at 06:00 p.m. near Songir Road. The banned gutka and tobacco worth Rs.10 Lakhs came to be seized from the said truck and the truck driver was apprehended. 4.

The Applicant's name surfaced during the investigation that, at his instance, the said articles were being transported. All Sections, except Section 328 of IPC, are bailable. The essential ingrediants for the offence punishable under Section 328 of IPC are not seen against the Applicant. In this view of the matter, I proceed to pass the following order:

ORDER

[I] Anticipatory Bail Application is hereby allowed. [II] In the event of arrest of the Applicant, namely, Balkrushna S/o Armugam Pillai, in connection with Crime No. 0087/2024 registered with Songir Police Station, District Dhule, for the offences punishable under Sections 59(i), 3, 27(3)(e), 27(3)(d) and 26(2)(iv) of the Food Safety and Standard Act, 2006 and under Sections 188, 272, 273 and 328 of the Indian Penal Code, 1860, he be released on bail on his furnishing P.B. of Rs.30,000/- [Rupees Thirty Thousand], with one or two sureties in the like amount, on the following conditions: [a] The Applicant shall attend the concerned Police Station once in a week, on every Friday between 02:00 p.m. to 04:00 p.m., till filing of the charge-sheet.

[b] The Applicant shall not tamper with the Prosecution evidence.

[c] The Applicant shall co-operate with the Investigation. [III] Anticipatory Bail Application is disposed off accordingly. [NEERAJ P. DHOTE, J.] Sameer/September-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 30/09/2025 17:37:09