53.BA.3324.2026.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. 3324 OF 2026 Mohammad Rehan Nisar Ansari .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Husen Shaikh a/w. Jindagi Shah and Ms. Saima Khan, Advocates for Applicant.  Ms. Rajeshree V. Newton, APP for Respondent – State.  PSI – Mr. M.D. Shirke, Kharghar Police Station, Navi Mumbai present. ......…........… CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 28, 2026. P.C.: 1. Heard Mr. Shaikh, learned Advocate for Applicant and Ms. Newton, 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.42 of 2025 registered with Kharghar Police Station for offences punishable under Sections 103(1), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). The First Information Report is filed on 03.02.2025 and Applicant came to be arrested on 11.02.2025. 1 of 6 53.BA.3324.2026.doc 3. The incident in question happened on 02.02.2025 when Applicant alongwith his co-accused friend was traveling on a scooter and they had an altercation with the deceased victim who was on his motorcycle on account of overtaking each other. The said altercation between them, though initially verbal, escalated to such an extent that there was a fistfight and scuffle wherein in a fit of rage, the co-accused person inflicted blow with the helmet on the victim which ultimately led to his demise. 4. The role alleged to the present Applicant before me is that he had held the victim at the time of inflicting of the blow. Prima facie, it is seen that the incident in question was not premeditated and the motive is very clear. The aggression on the spur of the moment caused by the altercation which led to the incident in question. No other overt act or weapon is attributed to Applicant, save and except the co- accused person having used the helmet and inflicting head blows on the head of the victim. 5. Applicant being a young offender is in custody for the past 21 months. Though the learned Public Prosecutor, Ms. Newton would vehemently argue that the incident occurred in a public place on the road and was witnessed by passersby and the prosecution has been successful in recording witness statements of three witnesses which show direct evidence and complicity of Applicant in the crime. 2 of 6 53.BA.3324.2026.doc 6. However considering the fact that there was no premeditation or motive to commit the crime and the crime having occurred in the spur of the moment due to the incident in question of overtaking in question persuades me to consider the Applicant's case for grant of bail, even otherwise the Applicant is a young offender and it is the duty of the Court to aid and assistance of a young offender so that an opportunity is given to the young offender to become a good citizen in the society and he should not be languishing in jail. 7. 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. 8. 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 3 of 6 53.BA.3324.2026.doc 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. 9. 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. 10. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the 4 of 6 53.BA.3324.2026.doc following terms and conditions:- (i) Applicant – Mohammad Rehan Nisar Ansari is directed to be immediately released from prison in connection with CR. No.42 of 2025; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.20,000/- (Rs. Twenty Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Kharghar 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; 5 of 6 53.BA.3324.2026.doc (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 the Applicant. 11. 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. 12. 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 20:19:55 +0530