CNR No. MHNS010039922022
Order below Exh.1 in Cri. Bail Application No.952/2022
[Sachin Ganesh Pagar V/S State]
The present application is moved by the applicant­
accused Sachin Ganesh Pagar in connection with CR No.145/2022
with Kalwan Police Station for the offence under section 26(2)(i),
26(2)(iv), 27(3)(e), 59 of the Food Safety Act, 2006 and under
Sections 328, 188, 272, 273 of the Indian Penal Code.
2.

It is stated in the application that, the applicant­accused
was apprehended by the Police on 27.07.2022 and produced before
the learned JMFC on 28.7.2022 and was remanded to PCR upto
30.7.2022 and since then he is jail. First informant lodged FIR that
applicant­accused is found in possession of Gutkha and Pan Masala
worth Rs.1,63,120/­ from Hotel Raigad, Gandhi Chowk, Kalwan. It
is stated in the application that, under Section 328 of the I.P.C. is
not applicable and except section 328 of IPC other offences are of
bailable. Hence, prayed for bail.
3.

The bail application opposed by the State. I.O. present
and submitted his report.
4.

Perused the record. Heard both the parties.

5.

Shri. Nikam submitted that, the applicant­accused has
no concerned with the said Hotel and not owner of it. On the day of
seizure applicant­accused was engaged in selling fruits and
vegetable on hand cart. He is earning members of the family and
ready to abide by the conditions that may be laid down by this
Court. Hence, he prayed for bail.
6.

So far as the allegations mentioned in the F.I.R. are
concerned, the Gutkha/Pan­Masala is found in possession of
applicant­accused and therefore, he is apprehended by the Police.
The applicant­accused is in Jail and Gutkha and Pan Masala is
..2..

already seized. No purpose will be served by keeping him in jail for
in­definite period. Therefore the application is allowed. Hence,
following order is passed.
ORDER
1)
Application is hereby allowed.

2)
Applicant­accused Sachin Ganesh Pagar in connection with
CR No.145/2022 with Kalwan Police Station for the offence
under section 26(2)(i), 26(2)(iv), 27(3)(e), 59 of the Food
Safety Act, 2006 and under Sections 328, 188, 272, 273 of
the Indian Penal Code, be released on bail, on executing
personal bond of Rs.30,000/­ with one or more solvent
sureties in like amount.

3)
He shall attend to Police Station on every Friday in between
11.00 a.m. to 01.00 p.m. till the filing of the Charge­sheet.

4)
He shall co­operate to the concerned I.O. in the
investigation.

5)
Bail in Lower court.

6)
Inform all the concerned accordingly.

SHINDE
MADHAV A
Date ­ 04.08.2022
Digitally signed by
SHINDE MADHAV A
Date: 2022.08.05
11:41:58 +0530
(M. A. Shinde)
Additional Sessions Judge­9,
Nashik.