Bombay High Court
MOHAMMAD REHAN NISAR ANSARIversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that, in view of the lack of premeditation and the applicant’s youth, bail should be granted under Section 483 BNSS with appropriate conditions.
Summary
The Bombay High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for Mohammad Rehan Nisar Ansari, who was arrested for alleged involvement in a fatal altercation on 02.02.2025. The incident involved a scuffle between the accused and the victim, resulting in the victim’s death caused by a co‑accused using a helmet; the applicant is alleged to have held the victim during the blow. The prosecution presented three eyewitness statements indicating the applicant’s complicity, but the court noted the lack of premeditation, the spur‑of‑the‑moment nature of the crime, and the applicant’s young age. Emphasising the need for reformative justice for youthful offenders, the court decided that continued incarceration would be detrimental. Consequently, the court granted bail with a cash bond of Rs.20,000 and several conditions, while expressly reserving the right to cancel bail for any breach. The order clarified that it was limited to bail and did not address the merits of the case.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences under Sections 103(1), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the applicant’s young age and the absence of premeditation justify the grant of bail.
- Whether the conditions imposed are sufficient to ensure the applicant’s attendance at trial and prevent tampering with evidence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 351(3)
Subjects
- bail
- youth offender
- reformative justice
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- Section 483
- premeditation
- criminal trial
Judgment
53.BA.3324.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
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.
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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.
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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
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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
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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;
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(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. ]
Digitally signed
by AJAY
TRAMBAK
AJAY
Ajay TRAMBAK
UGALMUGALE
UGALMUGALE Date:
2026.09.28
20:19:55
+0530
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