KARAN SACHIN MOHITEversusTHE STATE OF MAHARASHTRA

                                                                            15. BA 3772-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                       BAIL APPLICATION NO. 3772 OF 2026

                      Karan Sachin Mohite                               .Applicant

                                 Vs.

                      The State of Maharashtra                          .Respondent

         Digitally
                      Mr. Rameshwar Gite & Mr. Pravin Thorat, Advocates, for the Applicant
         signed by

ANAND
         ANAND
         SUDHAKAR
                      Ms. Sangeeta Phad, APP, for the Respondent – State
SUDHAKAR SUDAME
SUDAME   Date:
         2026.10.07
         20:36:20
         +0530
                                          CORAM : MILIND N. JADHAV, J.

                                          DATE     : 07.10.2026
                      P. C.

                      1.      Heard Mr. Gite, learned Counsel for the Applicant and Ms. Phad,

                      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.149 of 2026 registered with Loni Kand Police Station, Pune for

                      offences punishable under Section 21(b)(c) of the Narcotic Drugs and

                      Psychotropic Substances Act, 1985 (for short “NDPS”).

                      3.      The Applicant is indicted in an NDPS offence for having been

                      found in conscious possession of intermediate quantity of the alleged

                      contraband. The Applicant is 20 years old. He has no antecedents. Mr.

                      Gite would argue that the Applicant is a student and therefore, being a


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young offender, the Court may consider his case for grant of bail. I have

perused the record placed before me. Prima facie, it is seen that the

Applicant was apprehended from a car along with the other co-accused

persons and the car also did not have a number plate. Mr. Gite, on

instructions would submit that the car did not belong to the Applicant

and the Applicant has no father and his mother works as a maid which

is prima facie documented from the trial Court’s order which is

appended to the Application. I am, therefore, impelled to consider the

case of the Applicant for grant of bail for he being young offender and

every semblance of a chance needs to be taken by the Court to consider

case of a young offender for doing justice so that the young offender

gets an opportunity to prove himself and become a better citizen in the

Society.

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


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because punishment has to be believed to be inflicted for a reformative

result rather than being punitive in nature.

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 –


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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.

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

Bail Application of Applicant is allowed subject to the following terms

and conditions:-

           (i)   Applicant – Karan Sachin Mohite is directed to be

                 immediately released from prison in connection with

                 CR. No. 149 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 surety of the like amount;


           (iii) Applicant shall report to the Investigating Officer at Loni

                 Kand 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


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                 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

                 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.


8.      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

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the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made herein

above in this order.


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




                                                 (MILIND N. JADHAV, J.)




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