Rahul S/O Kashinath Dofe v. State Of Maharashtra Thr Pso., Ps Samudrapur, Dist. Wardha

54 aba115.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.115 OF 2026 Rahul s/o Kashinath Dofe Vs. State of Maharashtra __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri V.R. Deshpande, Advocate for applicants. Shri S.B. Bissa, AGP / APP for respondent/State. CORAM : M.W. CHANDWANI, J.

DATE : 10.02.2026.

1.

The applicant is apprehending his arrest in connection with Crime No.10/2026 registered with Police Station, Samudrapur, District Wardha for the offences punishable under Sections 123, 318(4), 336(2), 340(2), 274, 275, 223, 3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 65(e), 77(a), 83 of the Maharashtra Prohibition Act and Sections 3(1)(zz)(iv)(v), 26(2)(i), 26(2) (iv), 27(1), 30(2)(a), 59 of the Food Safety and Standards Act, 2006.

2.

Issue notice to the non-applicant, returnable on 04.03.2026.

3.

Shri Bissa, learned APP waives service of notice for non-applicant and prays for time to file reply. 4.

The contention of the applicant is that the alleged contraband articles i.e. scented tobacco and liquor are already recovered by conducting raid. It is alleged that the

54 aba115.26.odt applicant is the owner of the house from where the alleged contraband scented tobacco and liquor have been recovered. 5.

In view of the above and considering the nature offence, a case is made out of ad interim protection. Hence, the following order:

(i) Pending the application, in the event of arrest, the applicant - Rahul s/o Kashinath Dofe, in connection with Crime No.10/2026 registered with Police Station, Samudrapur, District Wardha for the offences punishable under Sections 123, 318(4), 336(2), 340(2), 274, 275, 223, 3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 65(e), 77(a), 83 of the Maharashtra Prohibition Act and Sections 3(1)(zz)(iv)(v), 26(2)(i), 26(2)(iv), 27(1), 30(2) (a), 59 of the Food Safety and Standards Act, 2006, be released on bail on executing a PR bond of 25,000/- with ₹ solvent surety in the like amount.

(ii) The applicant shall attend the concerned Police Station on every Monday and Friday between 10.00 am to 02.00 pm for the next two weeks and cooperate with the investigating authority.

(iii) The applicant shall not tamper with the prosecution evidence and shall not threaten the prosecution witnesses. (M.W. Chandwani, J.) Wagh