Bombay High Court
SANSKAR ANIL BHOSALEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant under Section 483 of the BNS, 2023, subject to specified conditions.
Summary
The Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by a 19‑year‑old accused who had been charged with causing a fatal road accident under several provisions of the BNS and the Motor Vehicle Act, 1988. The applicant had been in custody for ten months and was alleged to have been driving without a licence, but he did not flee the scene and assisted the victim in obtaining medical help. The State argued the seriousness of the offences, while the defence highlighted the applicant’s young age and his cooperative conduct. Emphasising the need for reformative justice for youthful offenders and noting the potential adverse effects of continued incarceration, the Court found the applicant’s conduct to be a mitigating factor. Consequently, the Court granted bail subject to a cash bond and a series of reporting and non‑interference conditions, ordering his immediate release.
Issues considered
- Whether bail should be granted to a young accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the seriousness of the offences and the applicant’s conduct.
- Whether the applicant’s age and post‑incident assistance constitute sufficient mitigating circumstances to outweigh the prosecution’s concerns.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 105, 106(1), 125(b), 281, 483
- Motor Vehicle Act, 1988 — s. 119/177, 184, 3(1)/181, 5/180
Subjects
- bail
- juvenile offender
- fatal road accident
- reformative justice
- pre‑trial detention
- Section 483 BNS
- Motor Vehicle Act
Judgment
25. BA-3667-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3667 OF 2026
Sanskar Anil Bhosale .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Onkar K. Chaudhari a/w Mr. Kalyan Landge, Advocates for
Applicant
Ms. Sangeeta E. Phad, APP for State
Mr. Rohit Suresh Jadhav, PSI, Fursungi Police Station
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 29, 2026
P. C.:
1. Heard Mr. Chaudhari, learned Advocate for Applicant and Ms.
Phad, learned APP for State.
2. This is an Application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 415
of 2025 dated 02.12.2025 registered with Fursungi Police Station for
the offences punishable under Sections 105, 106(1), 125(b), 281 of
BNS and Sections 3(1)/181, 5/180, 119/177 & 184 of Motor Vehicle
Act, 1988.
3. Applicant is a young offender 19 years of age. He is indicted in
an offence with regard to committing a fatal accident and in view
1 of 5
25. BA-3667-26.odt
thereof for causing death as also under various provisions of the Motor
Vehicle Act.
4. Ms. Phad, learned APP would submit that Applicant was not
having a license on his person. However the conduct of the Applicant
immediately after the incident needs to be considered by the Court as
one of the mitigating circumstances for considering the present Bail
Application.
5. It is prima facie seen that the Applicant did not flee away from
the spot but remained present and extended assistance to the victim in
securing the necessary medical help. Such bonafides having been
shown by the Applicant persuade me to consider the present
Application for bail and more particularly so when the Applicant is a
young offender. Keeping the Applicant in jail would not serve any
purpose as there is every possibility that he may be led on the wrong
path. The Applicant has already gone incarceration of 10 months and
considering his young age and the aforesaid pre-trial incarceration, I
am inclined to release the Applicant on bail.
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
2 of 5
25. BA-3667-26.odt
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 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
3 of 5
25. BA-3667-26.odt
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. Applicant is incarcerated for 10 months. Hence, in view of my
aforesaid prima facie observations, Bail Application is allowed subject
to the following conditions:-
(i) Applicant is directed to be immediately released on bail
from prison in connection with C.R. No. 415/2025;
(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 in the like
amount;
(iii) Applicant shall report to the Investigating Officer at
concerned Police Station, 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
4 of 5
25. BA-3667-26.odt
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. 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.
11. Bail Application is allowed and disposed of in the above terms.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
AMBERKAR
MOHAN Date:
AMBERKAR 2026.09.29
20:06:54
+0530
5 of 5
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.