Bombay High Court
TABISH ASGAR ALIversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that, given the applicant’s young age, limited involvement and prima facie evidence, bail should be granted subject to stringent conditions.
Summary
The applicant, Tabish Asgar Ali, was arrested as accused No.2 in a case involving the creation of IP addresses and the generation of fraudulent birth certificates using a residential proxy purchased by accused No.1. The offences alleged include sections 318(4), 336(3), 338, 340 of the Bharatiya Nyaya Sanhita, 2023, read with section 3(5), and sections 43, 66-C, 66-D of the Information Technology Act, 2000. The applicant sought bail under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, arguing his young age and limited role. The court examined the prima facie evidence, the applicant’s age, and the potential for reform, concluding that incarceration would be more punitive than corrective. It held that bail could be granted provided strict conditions to prevent witness tampering or flight. Accordingly, the bail application was allowed with a set of conditions and the applicant was ordered to be released.
Issues considered
- Whether the applicant is entitled to bail under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the nature of the alleged cyber‑offences and his personal circumstances
- Whether the applicant poses a risk of influencing witnesses, tampering with evidence, or fleeing the jurisdiction
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340, 3(5)
- Information Technology Act, 2000 — s. 43, 66-C, 66-D
Subjects
- bail
- juvenile offender
- cybercrime
- Information Technology Act
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- reformative justice
- court discretion
Judgment
2. BA-3711-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3711 OF 2026
Tabish Asgar Ali .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Bharatkumar Nukte, Advocate for Applicant
Ms. Rajeshree V. Newton, APP for State
PI- Mr. Anand G. Kamble, Panvel Taluka Police Station
...................
CORAM : MILIND N. JADHAV, J.
DATE : OCTOBER 7, 2026
P. C.:
1. Heard Mr. Nukte, learned Advocate for Applicant and Ms.
Newton, 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. 51 of
2026 registered with Panvel Taluka Police Station, District Raigad for
offences punishable under Sections 318(4), 336(3), 338 and 340 read
with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short
"BNS") and Sections 43, 66-C and 66-D of the Information Technology
Act, 2000.
3. Applicant is arrested and indicted as accused No. 2 in the
present crime. The role of the Applicant as seen from the statement in
the FIR appended at page No. 33, prima facie shows that in view
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of his ability and knowledge, Applicant has created IP addresses on
the CRS portal and handed over the details of the same along with the
passwords to accused No. 1 and both of them have generated 128
birth certificates on the basis of the said IP addresses from SP Hot
Desire Web Services Private Limited.
4. It is prima facie seen that the said residential proxy was in fact
purchased by accused No. 1 which is seen while depicting the role of
the present accused No. 2 in the present crime.
Considering the role of the Applicant, degree of his ability and
knowledge and his role having been aligned with accused No. 1 who
was instrumental in generating the birth certificates in question and
the young age of the Applicant, I am inclined to consider the
Applicant's case for grant of bail.
5. 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
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Court because punishment has to be believed to be inflicted for a
reformative result rather than being punitive in nature.
6. 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.
7. 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
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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.
8. Applicant is incarcerated for more six 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. 51 of 2026;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 10,000/- (Rs. Ten Thousand
only) with one or two sureties in the like amount;
(iii) Applicant shall report to the Investigating Officer at
Panvel Taluka 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
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
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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.
9. 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.
10. Bail Application is allowed and disposed of in the above terms.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.10.07
19:35:56 +0530
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