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Bombay High CourtBA/3449/2025allowed

Hemant Gajanan Chopdekar v. State Of Maharashtra

2025-10-06Hon'Ble Shri Justice Shivkumar Dige4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3449 OF 2025 Hemant Gajanan Chopdekar .... Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Sangram Desai i/b Mr Advait Vajaratkar, Advocate for the Applicant.

Mr. A. S. Shalgaonkar, A.P.P., for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

DATE : 6th OCTOBER, 2025.

P.C. :

by SHANTANU SHANKARSA DHUDUM Date:

2025.10.07 19:55:42 +0530 SHANTANU SHANKARSA DHUDUM 1.

By this application, the Applicant is seeking regular bail in connection with C.R. No.314 of 2025 registered with Kudal Police Station, Sindhudurg, for the offences punishable under Sections 123, 274, 275 and 3(5) of the Indian Penal Code, 1860 (for short, "IPC") along with Section 59 of the Food Safety and Standards Act, 2006 (for short, "FSSAI").

2.

It is prosecution's case that on 11th September 2025 on secret information police intercepted the truck and in search of the said truck, police found Gutka worth of Rs.10,70,000/-. It is alleged that the Applicant was cleaner on the said truck. Shantanu S. Dhudum 1/4

3.

It is contention of learned counsel for the Applicant that the Applicant was engaged in the business of transport and supplied material to various grocery shops as per requirements. He was not aware about the Gutka kept along with other grocery items in the said truck. The Applicant is behind bars for more than one month. Investigation is almost completed. The Applicant has no antecedents. The Applicant was a cleaner of the said truck. Hence, requested to allow the application.

4.

It is contention of learned APP that the Applicant was carrying Gutka in his truck. The Applicant was aware about it, as Applicant was working as a cleaner of the said truck. If Applicant is released on bail, he may abscond or threaten the prosecution witnesses. Hence, requested to reject the application. 5.

I have heard both learned counsel, perused F.I.R. and documents produced on record.

6.

The Applicant is behind bars for more than one month. Investigation is almost completed. Considering these facts, I pass following order:

ORDER

i. Application is allowed.

Shantanu S. Dhudum 2/4

ii. The Applicant be released on bail in connection with C.R. No.314 of 2025 registered with Kudal Police Station, Sindhudurg, on furnishing P.R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount.

iii. The Applicant shall attend the concerned police station as and when required.

iv. The Applicant shall remain present before the trial Court on each date unless exempted by the Trial Court.

v. The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witness or any person concerned with the case. vi. The Applicant shall inform his latest place of residence and mobile number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Investigating Officer. 7.

The application is allowed in the aforesaid terms and is accordingly disposed off.

8.

It is made clear that the above observations are made only Shantanu S. Dhudum 3/4

for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

9.

All concerned to act on the authenticated copy of this order. ( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 4/4