Vishal Dharmednra Sharma v. State Of Maharashtra
Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1687 OF 2025 Vishal Dharmendra Sharma .. Applicant
Versus
State of Maharashtra .. Respondent ....................
Mr. Shambhu Jha a/w Mr. Suraj Pandey & Mr. Afsar Ansari, Advocate for Applicant Ms. Rajeshree V. Newton, APP for Respondent - State ...................
CORAM : MILIND N. JADHAV, J.
DATE : APRIL 28, 2025 P. C.
:
1.
Heard Mr. Jha, learned Advocate for Applicant and Ms. Newton, learned APP for Respondent - State.
2.
Applicant stands indicted for the offences punishable under the provisions of BNS, 2023. He is arrested on 27.08.2024 and as on today he has been in incarceration for 8 months.
3.
Applicant before me is a young offender being a 12th standard student. The academic credentials of Applicant are appended to the Application and when seen from the marksheet appended at page No. 337 of the Application, the same is evident.
4.
Mr. Jha would submit that Applicant is arraigned as one of the accused person out of 5 accused persons in the present crime. This is a case of cross FIRs lodged by both sides. In a scuffle and fight that
ensued between two groups, one of the member of one group lost his life. Injuries have been sustained by members of both groups. Motive of the crime according to Mr. Jha was on the basis of innocuous reason and more particularly to establish supremacy. FIR and cross FIR have been lodged. Mr. Jha would submit that insofar as the FIR as also the witness statements recorded by prosecution in present case are concerned, there is no direct corroboration of participation of the Applicant, rather no role of Applicant is alleged. None of the statements recorded name the Applicant having being attributed any specific role in the crime.
He would submit that witness statements undoubtedly attribute role to the other co-accused persons and insofar as prima facie case against Applicant is concerned, he is alleged to be a part of group of persons / unknown persons who along with other coaccused persons whose names are appearing in the statements had participated in the free fight which ensued between the two groups. Mr. Jha has drawn attention of Court to the copy of the FIR filed by the injured victim belonging to the rival group and also statements recorded by prosecution and on prima facie reading of the same, name of Applicant prima facie is not reflected in any of those statements. 5.
Ms. Newton, learned APP would however persuade the Court to consider that the name of Applicant is reflected in one witness statement appended at page No. 57 of one Rafiq but it is to be noted
that the said Rafiq happens to be the accused person in the cross FIR filed by the rival group.
6.
Considering the aforesaid submissions and precise role of Applicant who is a young offender, an endeavour should be made by Court to hear the Bail Application. If the Applicant who is merely 18 years old is left to the vagaries of imprisonment and incarceration, he would probably undertake the path of criminality which cannot be ruled out.
7.
In view of the above, learned APP shall take appropriate instructions and accordingly apprise the Court about the precise role of the Applicant on the next adjourned date when the Application will be heard for bail.
8.
Stand over to 6th May, 2025 at 2:30 p.m.
Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:
2025.04.28 15:21:48 +0530 RAVINDRA MOHAN AMBERKAR