SWAPNIL @ ABHINAV SUNIL GAVALIversusTHE STATE OF MAHARASHTRA

                                                                             7. BA 3499-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                         BAIL APPLICATION NO. 3499 OF 2026

                      Swapnil alias Abhinav Sunil Gavali                .Applicant

                                   Vs.

                      The State of Maharashtra                          .Respondents

         Digitally
         signed by    Mrs. Pranali Kakade, Advocate, for the Applicant
         ANAND
ANAND    SUDHAKAR     Mr. Amit A. Palkar, APP, for the Respondent – State
SUDHAKAR SUDAME
SUDAME   Date:
         2026.09.23
         19:53:26                         CORAM : MILIND N. JADHAV, J.
         +0530



                                          DATE    : 21.09.2026
                      P. C.

                      1.      Heard Ms. Kakade, learned Counsel for the Applicant and Mr.

                      Palkar, learned APP for the Respondent – State.

                      2.      This Application is filed under Section 483 of the Bhartiya

                      Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with

                      C.R.No. 362 of 2025 registered with Vishrantwadi Police Station, Pune

                      for offences punishable under Sections 103(1), 61(2), 238, 109,

                      189(2), 191(2), 191(3), 190, 115(2) and 352 of the BNSS.

                      3.      The Applicant before the Court is a young offender. The

                      Applicant along with his friends and the deceased Victim as well as the

                      injured Victim were all together at a common place. According to the

                      prosecution case and the eye witness accounts, an issue escalated on


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the basis of who would fetch the water for the persons who were

gathered over there. That issue escalated to such an extent that the

verbal argument went out of hand and a scuffle took place. Though it

is a prosecution’s case that there was pre-mediated notions about the

Applicant’s group attempting to user or commit the crime. But prima

facie for the prosecution case itself, it is gathered that the stones and

the cement bricks lying nearby were used by the Accused persons in

inflicting the blows on the three Victims. One of the Victims

incidentally succumbed to his injuries. The role attributed to the

Applicant before me who was 18 years and 2 months old at the then

time is that he inflicted blows with the stone on the deceased Victim.

Out of the eight Accused persons, six of them are juveniles in-conflict

with law and all of them have been released on bail. The other two

Accused persons, out of whom Accused No. 2 is before me has been in

incarceration since 19.12.2025. He is a 12 th Std. student and because of

the present incident, his studies have got disrupted. As a young

offender, it would be the duty of the Court to help him with the police

aid. The Applicant has made out a case for grant of bail.

4.      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


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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.


5.      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.

Incarceration in prison exposes many youth to abuse as is shown

statistically.


6.      There are several harms of incarceration which are inflicted
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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.

7.      Hence, in view of above prima facie observations and finding,

Bail Application of Applicant is allowed subject to the following terms

and conditions:-

           (i)   Applicant – Swapnil alias Abhinav Sunil Gavali is

                 directed to be immediately released from prison in

                 connection with CR. No. 362 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 sureties of the like amount;


           (iii) Applicant shall report to the Investigating Officer at

                 Vishrantwadi Police Station, Pune, once every month, on
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            the first Monday 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;


        (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

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                 the Applicant.


8.      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.


9.      Bail Application is allowed and disposed in the above terms.




                                                  (MILIND N. JADHAV, J.)




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