TUSHAR CHETAN VERMAversusSTATE OF MAHARASHTRA

                                                                              8. BA 3682-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                       BAIL APPLICATION NO. 3682 OF 2026

                      Tushar Chetan Verma                               .Applicant

                                 Vs.

                      The State of Maharashtra                          .Respondent

ANAND                 Ms. Zehra Charania a/w. Mr. Ayaz Khan, Mr. Dilip Mishra & Ms. Mallika
SUDHAKAR
SUDAME                Sharma, Advocates, for the Applicant
Digitally signed by   Ms. Rajeshree V. Newton, APP, for the Respondent – State
ANAND SUDHAKAR
SUDAME
Date: 2026.10.01
16:23:27 +0530                           CORAM : MILIND N. JADHAV, J.

                                         DATE     : 30.09.2026
                      P. C.

                      1.      Heard Ms. Charania, learned Counsel for the Applicant and

                      Ms. Newton, 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. 336 of 2025 registered with Khadki Police Station, Pune for

                      offences punishable under Sections 8(c), 20(b)(ii)(b), 20(b) & 2 of the

                      Narcotic Drugs and Psychotropic Substances Act, 1985 (for short

                      “NDPS”).

                      3.      The Applicant was arrested on 25.10.2025 in an NDPS offence

                      and the case of the prosecution is that he has indulged in trafficking of

                      the alleged contraband substance. At around 23.00 hours, while on


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patrolling duty, Applicant was apprehended outside his college hostel

and upon his search, prosecution officers recovered certain Green

coloured seeds and buds which is described as “Ganja”. The quantity of

the alleged contraband recovered is admittedly of intermediate

quantity and hence, the rigors of Section 37 of the NDPS will not apply

at all. Though it is vehemently argued by the learned Prosecutor that

the Applicant was dealing and trading in contraband with other

students which is alleged on the basis of certain CDR details placed on

record by prosecution, however, proving that would be a matter of trial

to indict the Applicant. Considering the young age of the Applicant and

the fact that he himself is a student, I am inclined to consider the case

of Applicant for grant of bail.

4.      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

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.
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5.      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.


6.      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 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.


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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.

7.      That apart, on merits, it is prima facie seen that if the contraband

Ganja is required to be seized, definition of Ganja as referred in Section

2(3)(b) of the NDPS Act has to be scrupulously followed and that is not

so seen in the seizure panchanama as also in the FIR which is

registered. Hence, on this ground also I am inclined to accept the case

of the Applicant for grant of bail for non-compliance of the statutory

provisions of the NDPS Act.

8.      Ms. Newton, learned Prosecutor has opposed grant of bail

vehemently and drawn my attention to certain statements of the

students which have been recorded by the Investigating Officer, who

have had a relationship with the Applicant. I have perused the same.

Merely on the basis of those statements at the threshold, I am not

inclined to consider the prosecution case for non-grant of bail. Needless

to state that complicity of Applicant can be proved by prosecution at

trial, where all questions are admittedly kept open. The Applicant has

already suffered incarceration for almost one year. The Applicant is

granted bail.

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

Bail Application of Applicant is allowed subject to the following terms
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and conditions:-

         (i)   Applicant – Tushar Chetan Verma is directed to be

               immediately released from prison in connection with

               CR. No. 336 of 2025;


         (ii) Applicant is directed to be released on bail on furnishing

               P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand

               only) with one or two sureties of the like amount;


         (iii) Applicant shall report to the Investigating Officer at

               Khadki Police Station, Pune, 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;


         (vi) Applicant shall not influence any of the witnesses or


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                 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.


10.     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.


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




                                                  (MILIND N. JADHAV, J.)




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