7. BA 3499-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3499 OF 2026 Swapnil alias Abhinav Sunil Gavali .Applicant Vs. The State of Maharashtra .Respondents Mrs. Pranali Kakade, Advocate, for the Applicant Mr. Amit A. Palkar, APP, for the Respondent – State CORAM : MILIND N. JADHAV, J. DATE : 21.09.2026 P. C. 1. Heard Ms. Kakade, learned Counsel for the Applicant and Mr. Palkar, learned APP for the Respondent – State. 2. This Application is filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with C.R.No. 362 of 2025 registered with Vishrantwadi Police Station, Pune for offences punishable under Sections 103(1), 61(2), 238, 109, 189(2), 191(2), 191(3), 190, 115(2) and 352 of the BNSS. 3. The Applicant before the Court is a young offender. The Applicant along with his friends and the deceased Victim as well as the injured Victim were all together at a common place. According to the prosecution case and the eye witness accounts, an issue escalated on Anand 1 of 6 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.23 19:53:26 +0530 7. BA 3499-2026.doc the basis of who would fetch the water for the persons who were gathered over there. That issue escalated to such an extent that the verbal argument went out of hand and a scuffle took place. Though it is a prosecution’s case that there was pre-mediated notions about the Applicant’s group attempting to user or commit the crime. But prima facie for the prosecution case itself, it is gathered that the stones and the cement bricks lying nearby were used by the Accused persons in inflicting the blows on the three Victims. One of the Victims incidentally succumbed to his injuries. The role attributed to the Applicant before me who was 18 years and 2 months old at the then time is that he inflicted blows with the stone on the deceased Victim. Out of the eight Accused persons, six of them are juveniles in-conflict with law and all of them have been released on bail. The other two Accused persons, out of whom Accused No. 2 is before me has been in incarceration since 19.12.2025. He is a 12th Std. student and because of the present incident, his studies have got disrupted. As a young offender, it would be the duty of the Court to help him with the police aid. The Applicant has made out a case for grant of bail. 4. Considering Applicant’s age, if he is enlarged on bail Court is hopeful that his family will undoubtedly do their duty to make every effort and attempt to reform and aid the Applicant in leading a Anand 2 of 6 7. BA 3499-2026.doc reformed life while on bail rather than keep him in prison and expose him to criminal outlook and life in prison. However on the flip side, if a chance is given to the Applicant because of his young age by enlarging him on bail, there is a possibility that he will be remorseful and repent in retrospect. This is a chance required to be taken by the Court because punishment has to be believed to be inflicted for a reformative result rather than being punitive in nature. 5. Undoubtedly, the trial will determine the complicity of Applicant in the offence. While considering Bail Application in such facts, Court feels that reform and rehabilitation of the under trial accused needs to be considered especially when age of the accused person is young so that he gets an opportunity / or is given an opportunity to reform, rehabilitate and earn his livelihood honorably from the perspective of social integration. This is a chance which the Court must take considering the young age of accused person. The age of the Applicant is very young. If the Applicant is incarcerated in prison further, there is every possibility that he might lose faith in the institution and society at large and may tread the path of criminality or would waste his life. Incarceration in prison exposes many youth to abuse as is shown statistically. 6. There are several harms of incarceration which are inflicted Anand 3 of 6 7. BA 3499-2026.doc disproportionately on the youth. This is the reason why Court feels that any / every semblance of a chance towards a reformative approach in punishment should be adopted, especially in the case of young offenders. Hence every opportunity or to that extent risk should be constructively taken by the Court in the case of young offenders – accused before committing such accused to further custody and give such accused an opportunity to become a good citizen in the Society. These observations are only in the view of the young age of the Applicant before me and it is only a means to explore an alternative to incarceration so that the Applicant can become a good citizen. 7. Hence, in view of above prima facie observations and finding, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Swapnil alias Abhinav Sunil Gavali is directed to be immediately released from prison in connection with CR. No. 362 of 2025; (ii) Applicant is directed to be released on bail on furnishing P. R. Bond of Rs.15,000/- (Rs. Fifteen Thousand only) with one or two sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at Vishrantwadi Police Station, Pune, once every month, on Anand 4 of 6 7. BA 3499-2026.doc the first Monday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to Anand 5 of 6 7. BA 3499-2026.doc the Applicant. 8. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 9. Bail Application is allowed and disposed in the above terms. (MILIND N. JADHAV, J.) Anand 6 of 6