8. BA 3682-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3682 OF 2026 Tushar Chetan Verma .Applicant Vs. The State of Maharashtra .Respondent Ms. Zehra Charania a/w. Mr. Ayaz Khan, Mr. Dilip Mishra & Ms. Mallika Sharma, Advocates, for the Applicant Ms. Rajeshree V. Newton, APP, for the Respondent – State CORAM : MILIND N. JADHAV, J. DATE : 30.09.2026 P. C. 1. Heard Ms. Charania, learned Counsel for the Applicant and Ms. Newton, 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. 336 of 2025 registered with Khadki Police Station, Pune for offences punishable under Sections 8(c), 20(b)(ii)(b), 20(b) & 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS”). 3. The Applicant was arrested on 25.10.2025 in an NDPS offence and the case of the prosecution is that he has indulged in trafficking of the alleged contraband substance. At around 23.00 hours, while on Anand 1 of 6 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.10.01 16:23:27 +0530 8. BA 3682-2026.doc patrolling duty, Applicant was apprehended outside his college hostel and upon his search, prosecution officers recovered certain Green coloured seeds and buds which is described as “Ganja”. The quantity of the alleged contraband recovered is admittedly of intermediate quantity and hence, the rigors of Section 37 of the NDPS will not apply at all. Though it is vehemently argued by the learned Prosecutor that the Applicant was dealing and trading in contraband with other students which is alleged on the basis of certain CDR details placed on record by prosecution, however, proving that would be a matter of trial to indict the Applicant. Considering the young age of the Applicant and the fact that he himself is a student, I am inclined to consider the case of Applicant 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 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. Anand 2 of 6 8. BA 3682-2026.doc 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 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. Anand 3 of 6 8. BA 3682-2026.doc 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. That apart, on merits, it is prima facie seen that if the contraband Ganja is required to be seized, definition of Ganja as referred in Section 2(3)(b) of the NDPS Act has to be scrupulously followed and that is not so seen in the seizure panchanama as also in the FIR which is registered. Hence, on this ground also I am inclined to accept the case of the Applicant for grant of bail for non-compliance of the statutory provisions of the NDPS Act. 8. Ms. Newton, learned Prosecutor has opposed grant of bail vehemently and drawn my attention to certain statements of the students which have been recorded by the Investigating Officer, who have had a relationship with the Applicant. I have perused the same. Merely on the basis of those statements at the threshold, I am not inclined to consider the prosecution case for non-grant of bail. Needless to state that complicity of Applicant can be proved by prosecution at trial, where all questions are admittedly kept open. The Applicant has already suffered incarceration for almost one year. The Applicant is granted bail. 9. Hence, in view of above prima facie observations and finding, Bail Application of Applicant is allowed subject to the following terms Anand 4 of 6 8. BA 3682-2026.doc and conditions:- (i) Applicant – Tushar Chetan Verma is directed to be immediately released from prison in connection with CR. No. 336 of 2025; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand only) with one or two sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at Khadki Police Station, Pune, once every month, on 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 co-operate 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 Anand 5 of 6 8. BA 3682-2026.doc 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. 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.) Anand 6 of 6