38.BA.3411.2026.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3411 OF 2026 Swapnil Dnyaneshwar Suryavanshi .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Siddharth Mehta appearing through Video Conferencing a/w. Ms. Harshada Shrikhande, Mr. Sanket Chorge and Mr. Aman Bhide, Advocates for Applicant.  Ms. Sangeeta E. Phad, APP for Respondent.  API – Nilesh Nalawade, Kalewadi Police Station, Pimpri- Chinchwad, Pune City. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 23, 2026 P.C. : 1. Heard Mr. Mehta, learned Advocate for Applicant appearing through Video Conferencing and Ms. Phad, learned APP for Respondent. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.416 of 2025 registered with Kalewadi Police Station, Pune City for offences punishable under Sections 109(1), 115(2), 324(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023; Sections 4, 25, 27 and 35 of the Arms Act, 1959; Section 135 of the Maharashtra Police Act, 1951 under Sections 3(1)(ii) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (for short ‘MCOC Act’) and Sections 3 and 1 of 6 38.BA.3411.2026.doc 7 of the Criminal Law Amendment Act, 2013. 3. Applicant is young offender. According to the prosecution case the incident has occurred without any pre-meditation or conspiracy whatsoever rather it is the case of road-rage incident between two groups of scooter / motorcycle riders late in the night at about 01:15 a.m. on the date of incident i.e. 06.10.2025. 4. Prima facie, the material which is placed on record shows that it is victims who themselves confronted the Accused persons. After that a slight verbal altercation while riding their respective scooters on the main road it is seen that, it is prima facie seen that, this confrontation by the victims themselves flared up to a certain extent where they were attacked and assaulted by the three accused persons. 5. Ms. Phad would vehemently submit that the Applicant is a gang member. The record prima facie shows that the gang leader is Accused No.1 who is 20 years old whereas the present Applicant is 24 years old. Credentials of the Applicant have also been placed on record. Pursuant to the previous orders, affidavit is filed by Applicant in jail giving the details of the Applicant’s credentials of he having been working in a company as pantry head in the Department of Human Capital Management. Details of the Applicant’s family members are also placed on record in the said Affidavit. I am inclined to consider the same affirmatively for allowing the Bail Application of the Applicant 2 of 6 38.BA.3411.2026.doc being a young offender. 6. 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 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. 7. 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 3 of 6 38.BA.3411.2026.doc would waste his life. Incarceration in prison exposes many youth to abuse as is shown statistically. 8. There are several harms of incarceration which are inflicted 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. 9. Considering the aforesaid, Applicant is released on bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 416 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 surety / sureties of the like amount; 4 of 6 38.BA.3411.2026.doc (iii) Applicant shall report to the Investigating Officer at the concerned Police Station, once every month on the first Monday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (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 address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 10. 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 5 of 6 38.BA.3411.2026.doc 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. 11. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 6 of 6 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.23 15:17:15 +0530