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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

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




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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



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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

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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

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                                         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




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