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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1)
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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