The Bombay High Court has granted bail to an 18-year-old accused in a robbery case, emphasising that continuing his education could help in his reform. The court observed that prolonged custody could push him into a cycle of criminality, making him a future threat to society.
The accused, Avinash Benewal, was arrested in 2023 when he was studying in Class 12 at a college in Thane. He was charged under various sections of the Indian Penal Code and the Maharashtra Control of Organised Crime Act (MCOCA) in connection with a robbery. The court took into account his young age, lack of prior criminal record, and educational background while granting him bail.
According to the FIR registered at Naupada police station, at 9.30am, the complainant was walking near Teen Hath Naka when he was accosted by four individuals. He was allegedly assaulted by one of them using a knuckle fighter, and his mobile phone and Rs1,800 were snatched. The accused fled when police and traffic personnel arrived at the scene.
Benewal was among those who attempted to escape but was caught by traffic constables after a chase. The other three accused managed to flee. While two traffic constables witnessed the crime, a Test Identification (TI) parade confirmed Benewal’s involvement.
The prosecution argued that Benewal had voluntarily given a confessional statement identifying his co-accused, including alleged gang leader Suresh alias Viki Pawar, who has serious criminal antecedents. The state opposed bail, fearing that Benewal’s release could lead to him repeating the offence.
Justice Milind Jadhav noted that Benewal was 18 years and 4 months old at the time of his arrest and had no prior record. The court stated that removing a young offender from the education system could have long-term negative consequences. “If he goes back to his books, it can reform him. Halting his education at this stage and keeping him in custody may push him into a downward spiral of criminality,” the court observed.
The court also highlighted that young offenders face a greater risk of becoming hardened criminals if subjected to prolonged incarceration. It further stressed that losing academic years can have irreversible consequences for students, leading to frustration and possible rebellion.
Granting bail on a personal bond of Rs25,000, the court directed that Benewal be given an opportunity to resume his studies in the upcoming academic year (2025-26). “This court can only make an attempt to positively impact the life of the accused. It is on the belief that he will make a sincere effort to reform himself and lead a law-abiding life,” the order stated.
