10.BA.3645.2026.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.3645 OF 2026 Amin Shaukat Shaikh .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Shailesh Kharat a/w. Mr. Onkar Chaudhari, Mr. Pravin Taralla, Mr. Shreyash More, Advocates for Applicant.  Mr. Sukanta A. Karmakar, APP for Respondent. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 29, 2026 P.C. : 1. Heard Mr. Kharat, learned Advocate for Applicant and Mr. Karmakar, 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.113 of 2026 registered with Shikrapur Police Station for offences punishable under Sections 103(1), 238, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 25 of the Arms Act, 1959. 3. Applicant is young offender. Prosecution case is that body of deceased – victim was found behind the house in Gat No.518 and complaint was lodged about some unknown person having committed the crime in question. The CCTV footage is the only material available with the prosecution at the threshold to indict the Applicant and other co-accused person who is a juvenile. The material in CCTV footage 1 of 4 10.BA.3645.2026.doc does not indict them in the alleged act of crime but it shows the Applicant and juvenile Accused passing on the said road leading to the incident spot in that area and nothing more. Based on that Applicant and the juvenile Accused are apprehended and it is case of prosecution that due to certain quarrel and previous enmity between them they had eliminated the deceased – victim. The deceased victim is 30 years old and Applicant before me is 18 years old and juvenile Accused is less than 18 years old. 4. Record prima facie shows that there is no nexus between Applicant and the deceased – victim and as argued by Mr. Kharat, they did not know each other either. There is nothing incriminating placed on record by the prosecution to support the above case. Hence, motive is prima facie unclear. 5. Admittedly the evidence against Applicant is circumstantial and there is no direct evidence otherwise. The most crucial and intriguing factor is the fact that one witness has recorded his statement on the ground that he received information from the persons in the village that the deceased – victim was assaulted and he went to the spot and found the body. There is no specific investigation in this direction at all. 6. Considering the aforesaid prima facie observations and findings, the Applicant being a young offender is required to be given a 2 of 4 10.BA.3645.2026.doc chance to resurrect his life and become a good citizen in the Society otherwise. Applicant is released on bail subject to following conditions:- (i) Applicant – Amin Shaukat Shaikh is directed to be immediately released from prison in connection with Crime No. 113 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 surety / sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at Shikrapur 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 3 of 4 10.BA.3645.2026.doc 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. 7. 7. 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. 8. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.29 19:28:48 +0530