Himmat Uttam Gaikwad And ORS v. The State Of Maharashtra And ANR

42aba129.2026...odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 129 OF 2026 (Anikt @ Prakash Sambhaji Kamble Vs. State, th PSO, PS Samudrapur, Dist. Wardha) ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. R.R. Maddalwar, Advocate for applicant.

Ms. M.R. Kavimandan, APP for respondent /State. CORAM : M.W. CHANDWANI, J.

DATE : 16.02.2026.

Heard.

2.

The applicant is seeking anticipatory bail 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), 336(3), 340(2), 274,275,223, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 65(e), 77(a), 83 of the Maharashtra Prohibition Act and Sections 3((1)(zz)(iv) (v), 26(2)(i), 26(2)(iv),27(i), 30(2)(a) and 59 of the Food Safety and Standards Act, 2006.

3.

Issue notice to the non applicant, returnable on 4.3.2026. 4.

Learned APP waives notice on behalf of non-applicant/State.

5.

The contention is that, the allegation against the applicant is that the scented tobacco and liquor which belongs to the applicant, has already been seized. Considering the submission and the fact that the scented tobacco and the liquor has already

42aba129.2026...odt been recovered, prima facie, a case is made out for ad interim relief. Hence, following order is passed:

i) Pending the application, in the event of 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), 336(3), 340(2), 274,275,223, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 65(e), 77(a), 83 of the Maharashtra Prohibition Act and Sections 3((1)(zz)(iv) (v), 26(2)(i), 26(2)(iv),27(i), 30(2)(a) and 59 of the Food Safety and Standards Act, 2006, the applicant be released on furnishing a P.R. bond of Rs. 25,000/- with one solvent surety in the like amount.

ii) The applicant shall attend the concerned Police Station on every Tuesday and Friday, between 10.00 to 12.00 hrs., for two weeks.

iii) The applicant shall not tamper with the prosecution evidence and shall cooperate in the investigation. JUDGE Belkhede