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Bombay High Court

DIPAK SANDIP BHISEversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court held that bail may be granted in the murder case under Section 483, subject to strict conditions, given the applicant's family hardship and clean record.

Summary

The applicant, Dipak Sandip Bhise, was arrested for allegedly murdering his wife, with the case based on circumstantial evidence of a wooden stick assault. He sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the murder charge under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023. The applicant highlighted that he has three young children, the eldest of whom suffers from thalassemia and requires regular blood transfusions. The court, noting the applicant's lack of prior criminal record and the humanitarian considerations for his children, decided to grant bail subject to stringent conditions, including a bond, regular reporting, and non‑interference with witnesses. The order expressly limited its observations to bail and did not address the merits of the murder charge.

Issues considered

  • Whether bail can be granted in a murder case under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the applicant's family circumstances, including a child with a serious medical condition, justify the grant of bail.
  • What conditions should be imposed to ensure the applicant does not tamper with evidence or evade trial.

Legislation cited

Subjects

  • murder
  • bail
  • Section 483
  • Bharatiya Nagarik Suraksha Sanhita
  • family hardship
  • medical condition
  • conditions of bail

Judgment

                                                                             23.BA.1469.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION


                              BAIL APPLICATION NO.1469 OF 2026

              Dipak Sandip Bhise                                        .. Applicant
                         Versus
              The State of Maharashtra                                  .. Respondent
                                         ....................
               Ms. Pooja Agarwal a/w. Mr. Prakash Chavan and Mr. Amol Ghuge,
                Advocates for Applicant.
               Ms. Anuja S. Gotad, APP for Respondent.
                                              ...................

                                             CORAM : MILIND N. JADHAV, J.
                                             DATE          : OCTOBER 05, 2026
              P.C.:

              1.       Heard Ms. Agarwal, learned Advocate for Applicant and Ms.

              Gotad, learned APP for Respondent.


              2.       This is an Application under Section 483 of Bharatiya

              Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.

              No.65 of 2025 registered with Uttamnagar Police Station for offences

              punishable under Section 103(1) of the Bharatiya Nyaya Sanhita,

              2023.


              3.       The Applicant is indicted for committing the murder of his

              wife and he is under arrest from 16.05.2025. The case of prosecution

              leading to the fatal incident is on the basis of a singular assault by

              wooden stick. Evidence is circumstantial in nature. Applicant has no

              criminal antecedents.



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4.        Ms. Agarwal has persuaded the Court to consider the fact

that the Applicant is having three children all below seven years of age.

Though there are various other issues on merits which are attempted

to be argued by Ms. Agarwal, I do not wish to go into the same for the

reason save and except the fact that the eldest daughter of the

Applicant who is seven years old is suffering from thalassemia and

requires blood transfusion every 15 days and therefore medical

treatment is required to be provided to her.


5.        At present all the children of the Applicant are being taken

care of by the great-grandmother of the children and grandmother of

the Applicant with whom they are presently residing. The medical

papers of the eldest daughter are placed before the Court and I have

perused the same and prima facie, I do not have any reason to

disbelieve the same as they all pertain to the present state of affairs

qua the eldest daughter who is seven years old of the Applicant. In that

view of the matter, the Applicant’s case is considered for grant of bail.


6.         However the prosecution shall ensure that after release from

jail on bail, the Applicant will ensure that he takes care of his children

and more specifically the eldest daughter, who is seven years old and

provides for her medical care. If the prosecution finds that the

Applicant has used the case of his own children as a ruse to obtain bail,

then the prosecution is directed by this Court to immediately approach



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this Court for cancellation of the bail of the Applicant. This will be one

of the primary condition precedent for grant of bail to the Applicant.


7.        Considering the aforesaid, Applicant is released on bail

subject to following conditions:-


          (i)   Applicant - Dipak Sandip Bhise is directed to be

                immediately released from prison in connection with

                Crime No. 65 of 2025;


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

                furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen

                Thousand only) with one or two surety / sureties of the

                like amount;

          (iii) Applicant shall report to the Investigating Officer at

                Uttamnagar Police Station, once every month on the

                first Monday of the month between 10:00 a.m. to 12:00

                p.m.;

          (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;


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                                (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 address and mobile contact number and /

                                             or change of residence or mobile details, if any, from

                                             time to time, as applicable; and

                                (viii)Any infraction of the conditions shall entail cancellation

                                             of 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

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

               uninfluenced with any of the prima facie observations made

               hereinabove in this order.


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

               terms.



H. H. SAWANT                                                          [ MILIND N. JADHAV, J. ]

                          Digitally signed
                          by HARSHADA
               HARSHADA   HANUMANT
               HANUMANT   SAWANT
               SAWANT     Date:
                          2026.10.05
                          15:12:18 +0530




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