Bombay High Court
KETAN ASHOK VARADEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to specified conditions.
Summary
The Bombay High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Ketan Ashok Varade, who had been incarcerated for over three years for alleged involvement in a violent incident involving multiple IPC offences and violations of the Arms Act. The applicant, who was 18 at the time of the incident, was alleged to have used a steel rod based on statements of three eyewitnesses, though his name does not appear in the FIR. The court noted that no witnesses had been examined and the trial had made no effective progress since charges were framed in August 2025. Considering the applicant's youth, lack of trial advancement, and the prima facie nature of the evidence, the court decided to grant bail with stringent conditions. The bail order required a personal bond, regular reporting to the investigating officer, compliance with trial attendance, and restrictions on leaving the state and tampering with evidence.
Issues considered
- Whether bail should be granted to a young offender accused of serious offences under the IPC and Arms Act despite the gravity of the charges.
- Whether the lack of trial progress and absence of witness examination justify bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Arms Act, 1959 — s. 3/25, 4/25
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 120B, 143, 144, 147, 148, 149, 302, 323, 34
Subjects
- bail
- juvenile offender
- serious offences
- trial delay
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
- IPC
- Arms Act
- court conditions
Judgment
15. BA-3515-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3515 OF 2026
Ketan Ashok Varade .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Ms. Sana Raees Khan (through VC) a/w Mr. Jinay Jain, Advocates
for Applicant
Mr. Amit A. Palkar, APP for State
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 21, 2026
P. C.:
1. Heard Ms. Khan, learned Advocate for Applicant and Mr. Palkar,
learned APP for State.
2. This is an Application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 seeking Bail in connection with FIR No.
492/2023 dated 11.10.2023 registered with Panchavati Police Station
for the offences punishable under Sections 302, 143, 144, 147, 148,
149, 323, 120B and 34 of Indian Penal Code, 1860 (for short "IPC")
and Sections 3/25 and 4/25 of Indian Arms Act, 1959.
3. Applicant is incarcerated for the past more than 3 years in
prison. He is a young offender, 18 years of age at the time of incident.
The role attributed to the Applicant is that he was present at the
incident spot when the assault in question took place. The complicity
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of the Applicant is sought to be established on the basis of statements
of three eyewitnesses out of the 11 eyewitnesses which have recorded
and stated that the Applicant is alleged to have used a steel rod for
assaulting the victim along with the other co-accused persons.
4. Incidentally, it is seen that the name of the Applicant does not
figure in the FIR which has been lodged but his name has surfaced in
the subsequent statements and the reference is to the unknown
persons who are stated in the FIR. Charges have been framed on
30.08.2025 and no witness has been examined till date, thereby
indicating no effective progress in trial. Applicant is a student of the
Government Model Industrial Training Institute, Satpur in Nashik and
his credentials are placed before the Court by learned Advocate
appearing for the Applicant. Considering the fact that the Applicant is
a young offender and this Court should give every semblance of a
chance to a young offender to be out of jail notwithstanding the
complicity of the Applicant which will be otherwise established at trial,
the Applicant has made out a case for grant of bail. Hence, the
Applicant is released on bail on the following conditions:-
(i) Applicant is directed to be immediately released from
prison in connection with FIR No. 492 of 2023;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen
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Thousand only) with one or two sureties in the like
amount;
(iii) Applicant shall report to the Investigating Officer at
Panchavati Police Station, Dist. Nashik 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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5. 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.
6. 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:
2026.09.22
11:51:07
+0530
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