Bombay High Court
SWAPNIL DNYANESHWAR SURYAVANSHIversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail was granted to the accused subject to specified conditions.
Summary
The Bombay High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for Swapnil Dnyaneshwar Suryavanshi, who was charged with offences under the Bharatiya Nyaya Sanhita, Arms Act, Maharashtra Police Act, MCOC Act, and Criminal Law Amendment Act arising from a road‑rage incident on 6 October 2025. The prosecution alleged that the accused, a 24‑year‑old alleged gang member, participated in an assault after a verbal altercation with victims. The court noted the applicant’s young age, lack of pre‑meditation, his family background, and the potential for reform, emphasizing the rehabilitative purpose of bail for youthful offenders. Weighing the risk of flight and interference with evidence against the benefits of social integration, the court decided to grant bail with strict conditions. The order expressly limited its observations to bail and refrained from commenting on the merits of the case.
Issues considered
- What considerations govern the grant of bail to a young offender accused of multiple serious offences under various statutes?
- Does alleged gang affiliation affect the bail eligibility of the accused in this road‑rage case?
Legislation cited
- Arms Act, 1959 — s. 25, 27, 35, 4
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 324(4), 3(5)
- Criminal Law (Amendment) Act, 2013 — s. 3, 7
- Maharashtra Control of Organised Crime Act, 1999 — s. 3(1)(ii), 3(4)
- Maharashtra Police Act, 1951 — s. 135
Subjects
- bail
- young offender
- road‑rage
- gang affiliation
- rehabilitation
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- MCOC Act
Judgment
38.BA.3411.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3411 OF 2026
Swapnil Dnyaneshwar Suryavanshi .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Siddharth Mehta appearing through Video Conferencing a/w.
Ms. Harshada Shrikhande, Mr. Sanket Chorge and Mr. Aman Bhide,
Advocates for Applicant.
Ms. Sangeeta E. Phad, APP for Respondent.
API – Nilesh Nalawade, Kalewadi Police Station, Pimpri-
Chinchwad, Pune City.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 23, 2026
P.C.:
1. Heard Mr. Mehta, learned Advocate for Applicant appearing
through Video Conferencing and Ms. Phad, learned APP for
Respondent.
2. This is an Application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.
No.416 of 2025 registered with Kalewadi Police Station, Pune City for
offences punishable under Sections 109(1), 115(2), 324(4) and 3(5)
of the Bharatiya Nyaya Sanhita, 2023; Sections 4, 25, 27 and 35 of the
Arms Act, 1959; Section 135 of the Maharashtra Police Act, 1951
under Sections 3(1)(ii) and 3(4) of the Maharashtra Control of
Organised Crime Act, 1999 (for short ‘MCOC Act’) and Sections 3 and
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7 of the Criminal Law Amendment Act, 2013.
3. Applicant is young offender. According to the prosecution
case the incident has occurred without any pre-meditation or
conspiracy whatsoever rather it is the case of road-rage incident
between two groups of scooter / motorcycle riders late in the night at
about 01:15 a.m. on the date of incident i.e. 06.10.2025.
4. Prima facie, the material which is placed on record shows
that it is victims who themselves confronted the Accused persons. After
that a slight verbal altercation while riding their respective scooters on
the main road it is seen that, it is prima facie seen that, this
confrontation by the victims themselves flared up to a certain extent
where they were attacked and assaulted by the three accused persons.
5. Ms. Phad would vehemently submit that the Applicant is a
gang member. The record prima facie shows that the gang leader is
Accused No.1 who is 20 years old whereas the present Applicant is 24
years old. Credentials of the Applicant have also been placed on
record. Pursuant to the previous orders, affidavit is filed by Applicant
in jail giving the details of the Applicant’s credentials of he having been
working in a company as pantry head in the Department of Human
Capital Management. Details of the Applicant’s family members are
also placed on record in the said Affidavit. I am inclined to consider the
same affirmatively for allowing the Bail Application of the Applicant
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being a young offender.
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
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would waste his life. 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. Considering the aforesaid, Applicant is released on bail
subject to following conditions:-
(i) Applicant is directed to be immediately released
from prison in connection with Crime No. 416 of
2025;
(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 surety / sureties
of the like amount;
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(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.
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
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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 of in the above
terms.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.09.23
15:17:15 +0530
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