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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

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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