Junaid Ali Mehraj Ali Rayeeni vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

Junaid Ali Mehraj Ali Rayeeni vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant enlarged on bail on executing PR Bond of Rs.35,000 with one or two local sureties in the like amount, subject to conditions: attendance at Trial Court on every date unless exempted; monthly Police Station attendance on First Saturday between 11:00 a.m. to 02:00 p.m. till conclusion of trial; deposit of passport, if any; no departure from India without Trial Court permission; no tampering/influence/contact with complainant, witnesses or persons concerned; disclosure of latest residence and contact details to the Court and Investigating Officer; co-operation with trial; any infraction shall entail cancellation of bail.

Issue for consideration

Whether the Applicant should be enlarged on bail in connection with C.R. No. 20 of 2026 (Mira Road Police Station) registered for offences under Sections 123, 223, 272, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 26(2), 26(4) and 30(2)(a) of the Food Safety and Standard Act, 2006 and Section 7 of the Prohibition of Electronic Cigarettes Act, 2019. +1 more

Court's answer

Considering that the issue regarding attraction of Section 328 IPC / Section 123 BNS to mere possession, transportation, storage or sale of Pan Masala packets is pending before the Supreme Court, the Court was inclined to enlarge the Applicant on bail.

Ratio / Principle

The Applicant was ordered to be enlarged on bail on executing a PR Bond in the sum of Rs.35,000 with one or two local sureties in the like amount, subject to conditions: attendance at the Trial Court on each and every date unless exempted; monthly attendance at the concerned Police Station on the First Saturday between 11:00 a.m. to 02:00 p.m. till conclusion of trial; deposit of passport, if any, with the Police Station; no departure from India without Trial Court permission; no tampering with or influencing or contacting the complainant, witnesses or persons concerned; informing latest place of residence and contact number to the Court and Investigating Officer; co-operation with the conduct of the trial; infraction shall entail cancellation of bail.

Key takeaways

The observations made in the order are prima facie and confined to this Application; the learned Trial Judge is to decide the case on its own merits, uninfluenced by these observations.obiter¶36

Detailed headnote1 paragraphs

Bombay High Court, Criminal Appellate Jurisdiction (Dr. Neela Gokhale, J.), 11th February 2026, Bail Application No. 537 of 2026 — Junaid Ali Mehraj Ali Rayeeni v. State of Maharashtra. Bail granted in C.R. No. 20 of 2026 dated 15th January, 2026 (Mira Road Police Station, District Mira Bhayandar, Vasai Virar) for offences under Sections 123, 223, 272, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 26(2), 26(4) and 30(2)(a) of the Food Safety and Standard Act, 2006 and Section 7 of the Prohibition of Electronic Cigarettes Act, 2019. The Applicant's earlier bail application had been rejected by the Additional Sessions Judge, Thane on 29th January, 2026. Learned APP stated the charge-sheet was not yet filed and the Applicant has antecedents in similar offences. Counsel for the Applicant pointed out that the issue whether mere possession, transportation, storage or sale of Pan Masala packets attracts Section 328 of the IPC (Section 123 of the BNS) is pending before the Supreme Court. Considering that pendency, the Court enlarged the Applicant on a PR Bond of Rs.35,000 with one or two local sureties, imposing conditions including attendance at the Trial Court on every date, monthly Police Station reporting on the First Saturday (11:00 a.m. to 02:00 p.m.) till conclusion of trial, deposit of passport, no departure from India without permission, no contact with complainant/witnesses, disclosure of residence and contact details, and co-operation with trial, failing which bail would be liable to cancellation. The Court clarified that its observations are prima facie and confined to the Application, and the Trial Judge is to decide the case on its own merits uninfluenced thereby.

Prasad Rajput

(P.A.) 9_BA_537_2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO.537 OF 2026

Junaid Ali Mehraj Ali Rayeeni …Applicant Versus State of Maharashtra …Respondent

Mr. Nehal Desale a/w Aditya Andhorikar, for the Applicant. Ms. Megha S. Bajoria , APP for the Respondent - State.

CORAM DR. NEELA GOKHALE, J. DATED: 11^TH FEBRUARY 2026

PC:-

1. By this Application, the Applicant seeks his

enlargement on bail in connection with C.R.No. 20 of 2026 dated 15^th January, 2026 registered with the Mira Road Police Station, District Mira Bhayandar, Vasai Virar, for the offences punishable under Sections 123, 223, 272, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (‘ BNS ’) and Sections 26(2), 26(4) and 30(2)(a) of the Food Safety and Standard Act, 2006 and Section 7 of the Prohibition of Electronic Cigarettes Act, 2019.

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Prasad Rajput (P.A.) 9_BA_537_2026.doc

2. The Applicant made an application seeking bail before the Additional Sessions Judge, Thane, however, by order dated 29^th January, 2026, the said application was rejected. Hence, the Applicant has filed the present Bail Application for the relief as prayed.

3. Mr. Desale, learned counsel for the Applicant, pointed out that the issue is pending before the Supreme Court. He submits that the Applicant has suffered incarceration for the past one month. Moreover, this Court has already held that mere possession, transportation, storage or sale of Pan Masala packets would not attract Section 328 of the IPC (Section 123 of the BNS) and the said issue is now pending before the Supreme Court.

4. Ms. Bajoria, learned APP representing the State, states that the charge-sheet is not yet filed and the Applicant has antecedent in similar offences.

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Prasad Rajput (P.A.) 9_BA_537_2026.doc

5. Considering that the issue pending before the

Supreme Court, I am inclined to enlarge the Applicant on bail. It is accordingly ordered as under:-

ORDER

i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.35,000/ with one or two local sureties in the like amount;

ii) The Applicant shall attend the Trial Court concerned on each and every date unless exempted by the orders of the Trial Court concerned;

iii) The Applicant shall also attend the Police Station concerned once in a month, i.e. on First Saturday between 11:00 a.m. to 02:00 p.m., till conclusion of the trial;

iv) If the Applicant has not deposited his passport, if any, the Applicant shall deposit the same with the Police Station concerned;

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v) The Applicant shall not leave India, without the permission of the Trial Court;

vi) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

vii) The Applicant shall inform his latest place of residence and contact number immediately after being released and / or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the Police Station concerned;

viii) The Applicant to co-operate with the conduct of the trial;

ix) Any infraction of the aforesaid conditions shall entail cancellation of bail.

6. Application is allowed in the above terms and is accordingly disposed of.

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Prasad Rajput (P.A.) 9_BA_537_2026.doc

7. It is made clear that the observations made herein

are prima facie and are confined to this Application and the learned Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein.

(DR. NEELA GOKHALE, J)

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