Shivaraj Popadi Alias Kotalgi v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION 35 CR. ANTICIPATORY BAIL APPLN. NO. 61 OF 2026 Shivaraj Popadi Alias Kotalgi ...Applicant

VERSUS

The State of Maharashtra And Anr.

...Respondents

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2026.02.04 16:34:23 +0530 SAJAKALI LIYAKAT JAMADAR Mr. Ramsingh M. Rajput, Advocate for Applicant. Mr. S. S. Chaudhari, APP for the Respondents-State.

CORAM

:

NITIN B. SURYAWANSHI, J.

DATE :

3rd FEBRUARY, 2026 P.C.

1.

By this application, applicant is seeking anticipatory bail in Crime No.0636 of 2025 registered with Sangola Police Station, District: Solapur (Rural) for the offences punishable under Sections 123, 223, 274, 275 of the Bharatiya Nyaya Sanhita, 2023 and Sections 26(2)(i), 26(2)(ii), 26(2)(iv), 27(3)(e), 30(2)(a) and 59 of the Foods and Safety and Standards Act, 2006. 2.

The prosecution case in short is that the contraband articles, i.e. banned Gutkha and scented tobacco were seized from accused Nishant @ Tillu Misal. During interrogation, he disclosed the name of present applicant as supplier, hence, the applicant's name is impleaded in the present crime.

3.

Heard learned Advocate for Applicant and learned APP for the Respondent-State instructed by the Investigating Officer, who is present in the Court. Perused the record.

4.

The investigation papers reveal that the applicant is dealing in Gutkha in the state of Karnataka, where there is no ban on Gutkha. The applicant has no criminal antecedents. The name of applicant was disclosed by the co-accused. In these peculiar facts, custodial interrogation of the applicant is not necessary. The application therefore deserves to be allowed.

5.

Learned APP submits that the applicant's presence may be secured for the purposes of interrogation.

6.

In the result, the application is allowed.

7.

In the event of arrest of applicant - Shivaraj Popadi Alias Kotalgi in Crime No.0636 of 2025 registered with Sangola Police Station, District: Solapur (Rural), he be released on bail on executing Personal Bond in the sum of Rs.15,000/- with one surety in the like amount.

8.

The Applicant shall attend the concerned police station from 9th February, 2026 to 11th February, 2026 between 10:00 a.m. to 2:00 p.m. and shall cooperate in investigation.

9.

The Applicant shall not tamper with the prosecution evidence.

(NITIN B. SURYAWANSHI, J.)