52.BA.2531.2026.doc Ajay 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. 2531 OF 2026 Pravin Mahadeo Shinde .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Kunal Aher, Advocate for Applicant.  Ms. Silpa G. Talhar, APP for Respondent – State.  PSI – Mr. Balaji Janardan Digole, Manjri Police Station pune. ......…........… CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 28, 2026. P.C.: 1. Heard Mr. Aher, learned Advocate for Applicant and Ms. Talhar, learned APP for Respondent – State. 2. This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in connection with C.R.No.4 of 2026 registered with Hadapsar Police Station, District Pune for offences punishable under Sections 310(2), 312 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’); Section 4(25) of the Arms Act and Section 37(1) read with Section 135 of the Maharashtra Police Act. The First Information Report is filed on 04.01.2026 and Applicant came to be arrested on 04.01.2026. 3. On 18.08.2026, after hearing the learned Advocates, the following order was passed:- 1 of 6 52.BA.2531.2026.doc “1. Heard Mr. Aher, learned Advocate for Applicant and Ms. Talhar, learned APP for State. 2. Learned APP is directed to confirm the fact that the Applicant was apprehended and arrested on 04.01.2026 at 15:30 Hrs. Case of the Applicant is that he was produced before the learned Magistrate on the following day at 11:15 Hrs in the night. It is so stated in the remand order which is appended to the Application. 3. Learned APP is directed to go through the above and accordingly apprise the Court as to whether the Applicant, being 19 years of age, is eligible for the relief sought. 4. Stand over to 24th August, 2026.” 4. Applicant is a young offender, 19 years of age. He has been indicted in an offence of dacoity alongwith seven other persons. Four out of the seven accused persons are juveniles. They have already been released on bail. The role against Applicant is purely circumstantial. However, in view of the aforesaid order, it is prima facie seen that the Applicant was arrested at 15:30 hours on 04.01.2026 and was kept in custody for more than 24 hours before producing him before the learned Magistrate. He was produced before the learned Magistrate for remand only on the following day 23:15 hours in the night. 5. In that view of the matter, there is a prima facie violation of the provision of Article 22(2) of the Constitution of India. Even otherwise, when no specific role is attributed to Applicant as per prosecution’s case, the young age of Applicant who has already unfortunately spent 8 months of incarceration comes to the fore. Hence, considering the young age and the prolonged custody of the Applicant and also prima facie violation of Article 22(2) of the 2 of 6 52.BA.2531.2026.doc Constitution of India, I am inclined to allow the Bail Application. 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 52.BA.2531.2026.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. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Pravin Mahadeo Shinde is directed to be immediately released from prison in connection with CR. No.4 of 2026; (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 in the like 4 of 6 52.BA.2531.2026.doc amount; (iii) Applicant shall report to the Investigating Officer at Hadapsar Police Station, once every month, on the first Sunday 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 5 of 6 52.BA.2531.2026.doc (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the 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 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 in the above terms. [ MILIND N. JADHAV, J. ] Ajay 6 of 6 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.28 20:18:15 +0530