RUSHIKESH BALASAHEB JODHversusSTATE OF MAHARASHTRA

                                                                          94. BA-2547-26.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION


                             BAIL APPLICATION NO. 2547 OF 2026

           Rushikesh Balasaheb Jodh                                 .. Applicant
                      Versus
           State of Maharashtra                                     .. Respondent
                                       ....................
            Mr. R.J. Nirmal i/by R.R. Kale, Advocates for Applicant
            Ms. Rajeshree V. Newton, APP for State
                                          ...................
                                         CORAM : MILIND N. JADHAV, J.
                                         DATE          : OCTOBER 7, 2026
           P. C.:

           1.       Heard Mr. Nirmal, learned Advocate for Applicant and Ms.

           Newton, learned APP for State.


           2.       This is an Application under Section 483 of Bharatiya Nagarik

           Suraksha Sanhita, 2023 seeking           Bail in connection with C.R. No.

           04/2026 registered with Dighi Sagri Police Station, Raigad for the

           offences punishable under Sections 105, 125(b), 281 of the Bharatiya

           Nyaya Sanhita, 2023 (for short "BNS") and Sections 184, 185, 146,

           196, 3(1) / 181 of the Motor Vehicles Act, 1988.


           3.       Applicant before me is a young offender, 19 years of age,

           studying in college in the first year Bachelor of Arts stream. On

           31.01.2026, he along with his friends was traveling in a Swift car

           belonging to one of his friends who was traveling along with him.

           Case of the prosecution is that the victim who was riding on his

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motorcycle and proceeding from Shekhadi Diveagar Borli Road was

dashed by the Swift car which was driven by the Applicant.

Further case of the prosecution is that the Applicant was also

intoxicated. None of the other persons who were in the car are

indicted otherwise. Since the dash was fatal, the victim has lost his

life. Applicant is arrested and is incarcerated for the past more than 9

months.


4.    Mr. Nirmal would submit that the time of the incident being

23:00 hours in the night be considered by the Court and especially on

the road where there were no streetlights and therefore the benefit of

doubt be given to the Applicant considering the fact that the Applicant

did not have any mens rea and any premeditation to commit the crime

in question. He would also submit that investigation has also pointed

out in that direction that there was no nexus between the Applicant

and the deceased victim either.


5.    Though prima facie, as per the prosecution case, it may appear

that the accident in question happened due to the car having been

driven by a young offender who was intoxicated and it may have a

societal impact, I have to consider the case of the Applicant for bail on

overall consideration primarily because the Applicant being a young

offender deserves to be given a semblance of a chance towards a

reformative approach so that he can become a good citizen of society.

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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 would waste his life.




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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.     Applicant is incarcerated for more than months. Hence, in view

of my aforesaid prima facie observations, Bail Application is allowed

subject to the following conditions:-


            (i)   Applicant is directed to be immediately released on bail

                  from prison in connection with C.R. 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



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     amount;

(iii) Applicant shall report to the Investigating Officer at

     Dighi Sagri Police Station, once every month on the

     first Sunday 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.




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           10.                   Needless to state that the above observations will not

           come in the way of trial as they are prima facie in nature based on the

           submissions made and the material placed before this Court.


           11.                   Bail Application is allowed and disposed of in the above

           terms.



Amberkar                                                [ MILIND N. JADHAV, J. ]
                    Digitally
                    signed by
                    RAVINDRA
           RAVINDRA MOHAN
           MOHAN    AMBERKAR
           AMBERKAR Date:
                    2026.10.07
                    19:41:11
                    +0530




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