High court grants bail to youth citing ill effects of incarceration

Mumbai: Emphasising the need to favour a reformative approach over punitive measures, particularly for first-time offenders, the Bombay High Court on Friday granted bail to a 20-year-old Virar resident accused of kidnapping and sexually abusing a 17-year-old girl.

Justice Milind Jadhav, presiding over the bail plea, noted the importance of offering young offenders a chance at reform rather than condemning them to the harsh consequences of prolonged incarceration.

According to the case details, the young man and the girl had been acquainted for nearly three years after connecting on Instagram. Their online friendship gradually blossomed into a more intimate relationship. In October 2024, after an argument with her parents, the girl left her home and spent the day at her college. It was there that the accused allegedly met her and persuaded—or as the prosecution claimed, forced—her to accompany him to Virar.

At his home, he introduced her to his family as a friend, and the two shared dinner with his father, mother, and sister. Later that night, the pair allegedly became sexually intimate after the girl chose to stay overnight. By morning, she had left his house and was later found by her mother at Malad railway station. Her subsequent statement to the police led to charges against the young man.

However, Justice Jadhav, after reviewing photographs and messages exchanged between the two, observed that there was no allegation of violence or coercion during their time together.

“The court feels that reform and rehabilitation of the undertrial accused needs to be considered, especially given the young age of the accused,” Justice Jadhav remarked. “This is a chance which the court must take, considering the age of the accused. There are several harms of incarceration that disproportionately affect young people.”

By granting bail, the HC underlined the judiciary’s responsibility not only to enforce the law but also to safeguard the future of young individuals who, it believes, can be guided back into society as responsible citizens. The accused was ordered to comply with strict bail conditions to ensure his cooperation with the investigation as it proceeds.