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Bombay High Court

ADINATH @ ADITYA ISHWAR GIRAMEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted to the applicant subject to the conditions specified in the order.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by a young offender, Adinath alias Aditya Ishwar Girame, who was charged under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 25 of the Arms Act for causing grievous hurt during a dispute arising from a dance performance. The prosecution alleged that the applicant and his friends assaulted the victims, while the witness statements suggested the incident stemmed from the victims' insistence on a performance, showing no clear nexus with the FIR. The court noted that the applicant had already been in custody for 11 months and, on a prima facie basis, found the circumstances warranted bail. Consequently, the court granted bail subject to a personal bond of Rs.15,000, sureties, reporting requirements, residence restrictions, and non‑interference with witnesses. The order expressly limited its observations to bail and did not address the merits of the case.

Issues considered

  • Whether bail should be granted to the accused under Section 483 of the BNSS for offences under the BNS and the Arms Act.
  • Whether the nature of the alleged offence and the applicant's custody period justify bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • young offender
  • prima facie
  • Section 483

Judgment

                                                                             18. BA 3656-2026.doc

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                         BAIL APPLICATION NO. 3656 OF 2026

                      Adinath alias Aditya Ishwar Girame                .Applicant

                                   Vs.

                      The State of Maharashtra                          .Respondent
ANAND
SUDHAKAR              Mr. Utkarsh Pondkule a/w. Ms. Ekta Patil & Mr. Prashant Hagare,
SUDAME
Digitally signed by
                      Advocates, for the Applicant
ANAND SUDHAKAR
SUDAME                Mr. S. A. Karmakar, APP, for the Respondent – State
Date: 2026.09.29
20:38:50 +0530        Mr. S. Y. Rajput, GPSI, Yavat Police Station, Pune(Rural) present

                                          CORAM : MILIND N. JADHAV, J.

                                          DATE     : 29.09.2026
                      P. C.

                      1.      Heard Mr. Pondkule, learned Counsel for the Applicant and

                      Mr. Karmakar, 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. 888 of 2025 registered with Yavat Police Station, Pune(Rural)

                      for offences punishable under Sections 109 & 3(5) of the Bharatiya

                      Nyaya Sanhita, 2023 (for short “BNS”) and under Sections 4 & 25 of

                      the Arms Act.

                      3.      The Applicant before me is a young offender. He is indicted in a

                      crime for causing grievous hurt. The Injury Certificates are appended at

                      page Nos. 24 & 25 and they have been perused by me. There are some

                      Anand                             1 of 4
                                                        18. BA 3656-2026.doc

fractures to some persons but a major number of the injuries are simple

in nature. The incident in question is such that the injured witness and

his friends insisted performance of lavni dance for their pleasure and

insisted the girls to dance and perform not with standing the fact that it

was too late in the night and the in charge of the Kala Kendra, where

the said dances were performed persuaded them to come on the

following day. It appears that this may be the probable reason for the

verbal altercation and the skirmish which took place. Though according

to the prosecution case, a completely innocuous and different reason

has been given that the Applicant along with his friends came on the

scene of crime and started assaulting the injured victim and his friends.

The witness statements, however, prima facie show that there is no

nexus whatsoever with regard to the reason given as stated in the FIR.

After reading the witness statements and the FIR, it is       prima facie

clear that the incident in question occurred because of the insistence

on the part of injured victim and his friends. Be that as it may,

considering the fact that the Applicant is a young offender and he is

already incarcerated for 11 months, I am inclined to accept the case of

the Applicant for allowing him to bail.

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

Bail Application of Applicant is allowed subject to the following terms


Anand                             2 of 4
                                                        18. BA 3656-2026.doc

and conditions:-

         (i)   Applicant – Adinath alias Aditya Ishwar Girame is

               directed to be immediately released from prison in

               connection with CR. No. 888 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

               Yavat Police Station, Pune(Rural), once every month, on

               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 co-operate 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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                                                          18. BA 3656-2026.doc

           (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.


6.      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.


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




                                                  (MILIND N. JADHAV, J.)

Anand                               4 of 4


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