Bombay High Court

DILIP RAMESH NIHALversusTHE STATE OF MAHARASHTRA

Decided: 24 August 2026
Disposal: Disposed Off

Holding

Bail is granted on medical grounds with stringent conditions to ensure the applicant’s health treatment and prevent interference with the trial.

Summary

The High Court considered an application under Section 439 of the Criminal Procedure Code for bail to Dilip Ramesh Nihal, who is charged with offences under Sections 304, 201 and 34 of the Indian Penal Code. The applicant suffers a serious leg injury requiring multiple orthopedic surgeries, as documented by prison medical reports. The State opposed bail, alleging the applicant’s past conduct of threatening witnesses and a risk of tampering with evidence. After reviewing the medical evidence and noting that one co‑accused had already been granted bail, the Court found that medical grounds justified release, provided strict conditions to prevent interference with the trial. Accordingly, the Court granted bail on a personal bond of Rs. 25,000 with a surety, imposing detailed medical and procedural conditions, and ordered monitoring by the investigating officer.

Issues considered

Whether the applicant is entitled to bail on medical grounds despite the seriousness of the offences (IPC Sections 304, 201, 34).
Whether the applicant poses a risk of tampering with evidence or influencing witnesses.
Whether the conditions imposed are sufficient to safeguard the trial while addressing the applicant’s health needs.

Legislation cited

Code of Criminal Procedure, 1973 — s. 439
Indian Penal Code, 1860 — s. 201, 304, 34

Subjects

bail
medical bail
Section 439 CrPC
IPC 304
IPC 201
IPC 34
witness tampering
serious injury
Maharashtra
High Court of Bombay

Judgment

12. BA-1160-26.odt

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 1160 OF 2026

Dilip Ramesh Nihal .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
 Mr. Vipul Dushing a/w Mr. Tanmay Kate, Advocates for Applicant
 Ms. Rajeshree V. Newton, APP for State
 Mr. Dipak Nikam, PSI, Talegaon Dabhade Police Station
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 24, 2026
P. C.:

1. Heard Mr. Dushing, learned Advocate for Applicant and Ms.

Newton, learned APP for State.

2. This is an Application under Section 439 of Cr.P.C. seeking Bail

in connection with C.R. No. I-417 of 2018 of Talegaon Dabhade Police

Station for the offences punishable under Sections 304, 201 read with

34 of the Indian Penal Code, 1860 (for short "IPC").

3. Applicant is indeed suffering from serious leg injury that

requires medical ailment. Report from the jail prima facie shows that

Applicant is moving around with the aid of walker. Medical ailment of

Applicant is with regard to some accident which the Applicant had met

in the year 2025 pursuant to which he was operated at Sigma Hospital

at Sambhaji Nagar.

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4. Mr. Dushing would draw my attention to the details of the

surgery which is carried out whereby external fixation of right femur

and external fixation of posterior tibial artery on the right is done

under SA + Epidural procedure in both legs. He would submit that

present condition of the Applicant in jail is in fact on account of the

aforesaid surgery whereby the metal components of the joints and

rods which are fitted in his legs are now required to be either removed

or replaced which has led to immobility of Applicant.

5. The Applicant was operated on his right leg in a private hospital

on June 2025 and undergone skin graft between 10.09.2025 to

22.09.2025. He was unable to walk prior to June 2025. This is

confirmed by prison medical report dated 15.06.2026. This report is

taken cognizance by Court in its order dated 17.06.2026. Since

February 2026 to June 2026 Applicant has been referred to Sassoon

General Hospital for examination by orthopedic surgeon, blood test,

consultation, medical advice on 5 different occasions. The conclusion

in prison medical report is that Applicant need orthopedic surgical

management for non - union of right tibia since he has infected

infrastructure due to bone loss and lateral plate in situ. The orthopedic

specialist has opined that Applicant will require multiple plan

surgeries for the above issue and Applicant is admitted to Yerwada

Prison Hospital and is under observation and treatment.

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6. PER CONTRA, learned APP would vehemently submit that

Applicant is indicted in a serious crime under Section 302 and even

during Covid period, when he was on bail he had committed a non-

cognizable offence of giving threat to the informant as also the

witnesses involved. She would vehemently argue and submit that

Applicant is likely to re-offend himself and tamper with evidence and

influence the witnesses in view of his past conduct.

7. I have heard the submissions made by both the learned

Advocates at bar and perused the material in the present case.

8. Chargesheet has been filed. Investigation has been completed.

One of the co-accused has been granted bail by the Sessions Court.

Applicant is in incarceration since 09.07.2018. Notwithstanding the

fact that during Covid-19 pandemic period, he was given interim bail,

Applicant was thereafter taken into custody. However, in view of the

Applicant having suffered a leg injury, he has made out case for grant

of bail on medical ground considering his present status as prima facie

observed. Needless to state that appropriate measures and conditions

can be incorporated in the bail order so that after the Applicant

undertakes the surgery as required and post rehabilitation thereafter,

prosecution can approach this Court for his custody in accordance with

law.

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12. BA-1160-26.odt

9. In view of the above prima facie observations and findings, I am

inclined to release the Applicant on medical bail on the following

conditions:-

(i) Applicant is directed to be immediately released from

prison in connection with C.R. No. I-417 of 2018;

(ii) Applicant is directed to be released on bail on

furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five

Thousand only) with one surety of the like amount;

(iii) Applicant is released on medical bail. He shall get

himself examined and checked in Sassoon General

Hospital within one month from the date of his release

after taking appropriate appointment with regard to his

injury, surgery, treatment and rehabilitation. Applicant

is directed to ensure that he undertakes corrective

surgery on his right knee thereafter within 2 months of

Doctor's advice. The Investigating Officer shall call

upon the Applicant every month to confirm his medical

status and make a report of the same in his file. The

Investigating Officer shall after three months consider

the status of Applicant's surgery / operation /

rehabilitation and make a report of the same and keep

it in his record. If after three months, Applicant is in a

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12. BA-1160-26.odt

position to lead a normal life and is effectively mobile ,

the Investigating Officer shall approach the Court for

seeking surrender / custody of the Applicant. If the

Applicant requires more time for his rehabilitation, the

Investigating Officer shall monitor the situation every

month by calling upon the Applicant and depending

upon the Applicant's medical status and mobility, make

an appropriate Application to this Court for seeking his

custody / surrender thereafter;

(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

without prior permission of the Trial Court;

(vi) Applicant shall not influence with 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

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(viii)Any infraction of the conditions shall entail cancellation

of bail granted to the Applicant.

10. Needless to state, the Petitioner shall undergo a medical re-

examination after a period of six months and the report of the Hospital

shall be taken into consideration. The said report shall be furnished to

the Investigating Officer. In view thereof, the learned APP shall be at

liberty to take appropriate steps for seeking variation, modification or

otherwise, of the present order, if so warranted.

11. 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.

12. Bail Application is allowed and disposed of in the above

terms.

Amberkar [ MILIND N. JADHAV, J. ]

Digitally signed
RAVINDRA by RAVINDRA
MOHAN
MOHAN AMBERKAR
AMBERKAR Date: 2026.08.26
12:46:53 +0530

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