JUDGMENT : 1. The applicant apprehending arrest in connection with the Crime No. 317 of 2020 for the offences punishable under Sections 328, 272, 273, 188, 269 and 270 of the Indian Penal Code and Section 51(b) of the Disaster Management Act, 2005 registered with Police Station Akhada Balapur, Dist. Hingoli, has preferred this application seeking prearrest bail. 2. Heard learned counsel for the applicant and learned APP representing the respondent/State. Perused the first information report and the order passed by the learned Additional Sessions Judge and also perused the papers of investigation. 3. By referring the overall facts of the case and accusation made against the applicant the learned counsel for the applicant submits that none of the offences are attracted against the applicant. It is submitted that applicant is not found in possession of alleged Guthka which is claimed to be prohibited from sell as per the notification issued by the State Government. It is further submitted that applicant is shown as accused on the basis of alleged disclosure made by the accused No. 1 who found to be in possession of Guthka contraband articles. Neither the applicant was present when the alleged contraband guthka was seized nor the applicant found in possession any contraband articles. It is submitted that except offence under Section 328 of the IPC all other offences are bailable. It is further submitted that in the facts and circumstances of the case offence under Section 328 of the IPC is not attracted against the applicant. The applicant was neither found in possession of contraband articles nor found to be selling the contraband articles for consumption. It is submitted that in order to attract the offence under Section 328 of IPC there must be case involving direct or indirect administration of poison or any stupefying substance or intoxicating or unwholesome drug or other thing with intention to cause hurt to such person or knowing it to be likely to cause hurt to such person. It is submitted that allegations made in complaint prima-facie make no case under Section 328 of IPC against the applicant. In support of the submissions the learned counsel has referred and relied the orders dated 10-9-2020, passed by this court in ABA No. 733 of 2020 and 729 of 2020, as well as order dated 2-17-2020, passed by this Court in ABA No. 342 of 2020. 4. In support of the submissions the learned counsel has referred and relied the orders dated 10-9-2020, passed by this court in ABA No. 733 of 2020 and 729 of 2020, as well as order dated 2-17-2020, passed by this Court in ABA No. 342 of 2020. 4. On the other hand learned APP opposed the application with contention that accusation made against the applicant are serious in nature and prima-facie establishes the complicity of the applicant in the commission of offence. It is submitted that the information disclosed by co-accused sufficient to investigate the crime against the applicant. It is submitted that applicant is prime accused at whose instance the applicant No. 1 found to be selling and distributing the guthka which is prohibited from sell and distribution within the State of Maharashtra. 5. On due consideration of the submissions advanced in the light of overall facts of the case, nature of accusation made against the applicant, I am of the view that the applicant has made out the case to extend the protection under Section 438 of the Code of Criminal Procedure. It is an admitted position that the applicant was not found in physical possession of alleged contraband articles i.e. Guthka for sale to any person. The applicant has been made the accused in the case on the basis of information disclosed by the accused No. 1 who found in possession of huge quantity of contraband articles i.e. Guthka. Except the offence under section 328 of the IPC all other offences are bailable. In the case of Anand Ramdhani Chaurasiya vs. State of Maharashtra reported in 2019 SCC Online Bombay 1857, the division bench of this court has taken a view that mere storage of contraband articles not sufficient to invite the registration of offence under Section 328 of the IPC. In order to attract the offence under Section 328 of the IPC, the complaint/FIR must disclose that person/accused of such offence directly or indirectly administers any person any poisonous or any stupefying intoxicating or unwholesome drug or other thing with intent to cause hurt to such person or with such intent to commit or facilitate the commission of offence or knowing it to likely that by doing such act likely to hurt being caused to such person. In complaint filed except the information provided by co-accused that he was acting at the behest of the applicant in possession of guthka or panmasala for sale, there is no evidence against the applicant. Even there is no evidence that contraband material allegedly found in possession containing such ingredients to term it poisonous substance or any stupefying intoxicating or unwholesome drug carried for distribution or sale to consumer so as to cause hurt or knowing it that it may likely to cause hurt. In that view it is doubtful as to offence under Section 328 of the IPC can be made applicable against the applicant. Investigation of the case is practically over. Custodial interrogation of the applicant is not required. In that view the grant of anticipatory bail would not affect the ongoing investigation. I am, therefore, inclined to allow the application. Hence the following order is passed:— ORDER i. Application is allowed. ii. In the event of arrest of the applicant in connection with the Crime No. 317 of 2020 for the offences punishable under Sections 328, 272, 273, 188, 269 and 270 of the Indian Penal Code and Section 51(b) of the Disaster Management Act, 2005 registered with Police Station Akhada Balapur, Dist. Hingoli, the applicant be released on furnishing bail in the sum of Rs.25,000/- [Rupees Twenty Five Thousand] with one or two sureties in the like amount on the following conditions condition: a. The applicant shall appear before the Investigating Officer from 13-10-2020 to 15-10-2020 in between 11.00 am to 05.00 pm and cooperate in the investigation. b. On and after 16-10-2020 the applicant shall attend the police station as and when directed by the Investigating Officer. c. The applicant shall not indulge into offence of similar in nature. d. Till filing of charge-sheet the applicant shall attend the Police Station on every Sunday in between 10.00 am to 11.00 am to record his presence. e. After filing of charge-sheet the applicant shall attend the police station to record his presence before the Office Incharge of the Police Station on last day of the month in between 1.00 pm to 02.00 pm. iii. In the event of breach of any of the conditions, the prosecution will be at liberty to move the court for cancellation of bail. Application allowed.