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
- Arms Act — s. 25, 4
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 3(5)
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 483
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;
Anand 3 of 4
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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