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Bombay High CourtBA/2862/2025disposed off

Pruthviraj Alias Sonya Navnath Shinde v. State Of Maharashtra

2025-08-01Hon'Ble Shri Justice Ashwin D. Bhobe4 pages

Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2862 OF 2025 Pruthviraj Alias Sonay Navnath Shinde, ... Applicant V/s.

The State of Maharashtra ... Respondent NIKITA KAILAS DARADE NIKITA KAILAS DARADE Date: 2025.08.02 15:01:55 +0530 Mr. Narayan Rokade a/w Mr. Vikrant Kadam a/w Mr. Tribhuvan S. a/w Mr. Ramchandra Wagh a/w Mr. Abhang Suryavanshi a/w Mr. Swapnil K. for the Applicant.

Ms. Anamika Malhotra, for the State.

CORAM

: ASHWIN D. BHOBE, J.

DATED : 1st AUGUST, 2025 P.C.:

1.

Heard Mr. Narayan Rokade, learned Advocate for the Applicant and Ms. Anamika Malhotra, learned APP for the State. 2.

By the present application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, Applicant is seeking bail in connection with C. R. No.50 of 2025 registered with Karkamb Police Station, Solapur, for the offences punishable under Sections 123, 274, 275, 3(5), of B. N. S. and under Section 3(1) (a), 3(1)(zz)(v), 26(1), 26(2)(1), 26(2)(v), 27(1) punishable under Section 59 of the Food Safety and Standards Act, 2006. 3.

Mr. Narayan Rokade, states that the said crime is registered as Sessions Case No.48 of 2025 and is pending before the Court of

the Additional Sessions Judge, Pandharpur.

4.

There are 10 Accused in the crime. Applicant is Accused No.4.

5.

Aforesaid crime was registered at the instance of Mr. Umesh Subhash Bhuse, working as Assistant Commissioner in the Office of Food and Drugs Administration. Case of the prosecution is that information about preparation of adulterated milk in a tin shed at village Bhose, Taluka Pandharpur, was shared with the informant. Accordingly, a raid was effected with the assistance of the police, wherein, some of the Accused persons were found in the premises raided. Investigation, revealed Applicant's involvement in the crime, as a transporter, whose vehicles were used in transporting of the milk from the premises of Accused No.1. 6.

Applicant was arrested on 07.04.2025. Since, then, the Applicant is in jail. Bail Application at Exhibit-09 filed by the Applicant in Sessions Case No.48 of 2025 was rejected by the Additional Sessions Judge Pandharpur by the order dated 01.07.2025.

7.

Mr. Narayan Rokade, learned Advocate for the Applicant submits that the allegations against the Applicant is that the vehicles (as referred to in the charge-sheet) owned by the Applicant were used for the purpose of transpiration of the milk from the tin shed (premises of the Accused No.1). He submits that the Applicant is in the business of transportation and as such his vehicles were plied for transportation of the milk by Accused No.1. He submits that no material indicating the involvement of the

Applicant in the adulteration of the milk is produced on record. He submits that the Applicant has been implicated in the present crime, without any basis and/ or without any supporting material. He submits that the Applicant has no criminal antecedents. 8.

Ms. Anamika Malhotra, learned APP for the State submits that two vehicles of the Applicant were used for the transportation of the milk from the tin shed premises of the Accused No.1 to the chilling plant and thereafter to the retail outlets. She submits that apart from the said involvement, there is no other allegations against the Applicant.

9.

I have perused the record with the assistance of the learned Advocates for the parties.

10.

Charge-sheet reveals that the involvement of the Applicant in the crime is on account of Applicant's vehicles being used in the transportation of the milk from the premises of the Accused No.1. Apart from the said involvement, there is no material in any form to connect the Applicant to the offences as alleged in the crime. 11.

Aforesaid, being the nature of evidence on the strength of which, the prosecution proposes to bring home the charge against the Applicant, further no criminal antecedents of the Applicant being placed on record, this is a fit case to enlarge the Applicant on bail.

12.

In view of the above, the present Bail Application is allowed, on the following conditions:

a) Applicant is directed to be released on bail in

connection with C. R. No.50 of 2025 registered with Karkamb Police Station, Solapur on his furnishing PR bond in the sum of Rs.15,000/- with one or two sureties in the like amount to the satisfaction of Additional Sessions Judge, Pandharpur.

b) Applicant shall attend and regularly appear before the learned Additional Sessions Judge, Pandharpur in Sessions Case No.48 of 2025 on each date of hearing, unless specifically exempted by the Court.

c) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of the case so as to dissuade such person from disclosing the facts to the Court or any police officer and shall not tamper with evidence.

d) Applicant upon his release, within 3 days shall furnish to the Investigation Officer, Karkamb Police Station, Solapur his residential address with proof and the contact number and to keep the Investigation Officer intimated about the change in the same from time to time.

13.

The Bail Application No.2862 of 2025 is allowed in the above said terms.

(ASHWIN D. BHOBE. J.)