Bombay High Court
TANMAY CHANDRASHEKHAR AMRUTKARversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to specified conditions.
Summary
The Bombay High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Tanmay Chandrashekhar Amrutkar, who was accused of offences under the Bharatiya Nyaya Sanhita, 2023 and the Aadhaar Act, 2016 for unauthorised operation of an Aadhaar processing centre. The applicant, a young MBA graduate, had allegedly assisted in data entry for Aadhaar cards and received a modest sum, while his mother runs a xerox shop. The court examined the applicant’s age, educational background, the non‑violent nature of the alleged conduct, and the potential for rehabilitation versus the risk of tampering with evidence. Emphasising the need for reformative justice for youthful offenders, the court found no compelling reason to keep him detained. Consequently, bail was granted subject to a cash bond and several strict conditions, without commenting on the merits of the underlying criminal charges.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 considering the nature of the alleged offences and the applicant’s personal circumstances.
- Whether the applicant poses a risk of influencing witnesses, tampering with evidence, or fleeing the jurisdiction if released on bail.
- Whether the conditions imposed are sufficient to ensure the applicant’s compliance with the trial process.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 318(2), 319(2), 336(2)(3), 3(5)
- Micro, Small and Medium Enterprises Development Act, 2006
Subjects
- bail
- young offender
- rehabilitation
- Aadhaar fraud
- Section 483
- criminal procedure
- court discretion
- conditions of bail
Judgment
90.BA.2060.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.2060 OF 2026
Tanmay Chandrashekhar Amrutkar .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Ramesh Dube-Patil a/w. Ms. Lisa Das, Advocates for Applicant.
Ms. Anuja S. Gotad, APP for Respondent - State.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 11, 2026
P.C.:
1. Heard Mr. Dube-Patil, learned Advocate for Applicant and
Ms. Gotad, learned APP for Respondent - State.
2. This is an Application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.
No.275 of 2025 registered with Malegaon Police Station for offences
punishable under Sections 318(2), 319(2), 336(2)(3) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Sections 34 and 36 of the Aadhar
Act, 2016.
3. Urgent intervention of the Court is sought in view of the fact
that the Applicant is a young offender having been taking education
for Master of Business Administration (for short ‘MBA’) in Amity
University but being caught in the crosswinds of crime in the present
case. A total number of 11 accused persons are in the dock for having
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committed offenses under Sections 318(2), 319(2), 336(2)(3) and
3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 34 and 36 of
the Aadhar Act, 2016.
4. The Applicant while having completed his MBA from Amity
University was visiting his hometown in Malegaon where he
befriended the other co-accused persons and more specifically, co-
Accused No.3. The Accused persons were running a center whereby
they used to issue Aadhaar cards to persons or edit information after
following the due process. However that center was run without any
authorization which is the allegation of the prosecution. While doing
so meagre monetary benefits were received by all the Accused persons
including Applicant who received an amount of Rs.11,000/- (Eleven
Thousand Only). However in view of the Applicant being educated,
tech-savvy and having absolute knowledge of computers, was
incidentally roped in. For three days, the Applicant was in the said
center which was primarily run by Accused Nos.1, 2 and 3.
5. It is seen that Applicant’s mother ran a xerox shop by the
name of ‘Amol Xerox Center’ in the vicinity of that place when the
other co-accused persons befriended him where he was substituting for
his mother for running the shop. Allegation is that for three days,
Applicant made data entry of 10 new Aadhaar cards and updated 52
existing Aadhaar cards and downloaded the same and gave it to the
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concerned persons.
6. The principal prosecution case is that this center was run
without a license. Applicant is already indicted. He is in jail. Fervent
plea is made by Mr. Dube Patil learned Advocate considering
Applicant’s background and education to consider his plea for bail.
Additional affidavit to that effect has been filed by his father, inter alia,
appending the details of the registration of his business under the
Micro, Small and Medium Enterprises Development Act, 2006 (for
short ‘MSME Act’) which is carried out and more importantly, the
details of the stationery xerox business are also placed on record.
7. That apart, the affidavit gives extensive details about the
family members of the Applicant who are all educated. The Applicant
himself being a meritorious and bright student which is evident from
his scores in SSC and HSC being above 70% and he having enrolled
himself with the Amity University and completed his MBA with flying
colors, being a young offender the slip which has occurred needs to be
resurrected to the extent possible especially when the Applicant is
being incarcerated since incarceration in jail is bound to have a
deleterious effect on the applicant. The applicant has been arrested on
12.12.2025 and has already spent more than 10 months in jail. The
ignominy suffered by the Applicant in my opinion prima facie for
consideration of the present Bail Application in the aforesaid facts and
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circumstances in view of the Applicant being a young offender is
primary consideration for grant of bail. Needless to state that
complicity in the trial shall be proved by the prosecution.
8. 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.
9. 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
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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.
10. 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.
11. Considering the aforesaid, Applicant is granted bail subject
to following conditions:-
(i) Applicant is directed to be immediately released from
prison in connection with Crime No. 275 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 surety / sureties of the
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like amount;
(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.
12. 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
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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.
13. Bail Application is allowed and disposed of in the above
terms.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally
signed by
HARSHADA
HARSHADA HANUMANT
HANUMANT SAWANT
SAWANT Date:
2026.09.11
21:28:55
+0530
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