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Bombay High Court

VISHAL SANJAY ZENDGEversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail was granted to the applicant subject to prescribed conditions.

Summary

The applicant, Vishal Sanjay Zendge, was arrested in connection with a case of alleged cruelty and abetment to suicide involving his wife’s death. He sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, while the prosecution charged him under several sections of the Bharatiya Nyaya Sanhita, 2023. The court observed that the prosecution’s case was largely circumstantial, with no specific overt act directly linking the applicant to the crime, relying mainly on hearsay statements. It noted that the applicant’s alleged involvement was limited to a single insult recorded through a phone conversation, and all co‑accused had already been released on bail. On the basis of parity and the lack of concrete evidence, the court granted bail with standard conditions. The order expressly limited its observations to bail and did not address the merits of the case.

Issues considered

  • Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 given the nature of the charges.
  • Whether the evidence presented by the prosecution establishes a specific overt act linking the applicant to the alleged cruelty and abetment to suicide.
  • Whether the circumstantial nature of the case warrants the application of the principle of parity in granting bail.

Legislation cited

Subjects

  • bail
  • cruelty
  • abetment to suicide
  • circumstantial evidence
  • Section 483
  • Bharatiya Nagarik Suraksha Sanhita
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • Maharashtra

Judgment

                                                                          31.BA.2041.2026.doc

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


                              BAIL APPLICATION NO.2041 OF 2026

              Vishal Sanjay Zendge                                   .. Applicant
                         Versus
              The State of Maharashtra                               .. Respondent
                                         ....................
               Mr. Uday Warunjikar a/w. Mr. Manjeet Lotankar and Mr. Dattatray
                Yadav, Advocates i/by Mr. Gagandeep Singh for Applicant.
               Mr. Yogesh M. Nakhawa, APP for Respondent.
               HC 8340 - K. V. Lokhavale, Bharati Vidyapaeeth Police Station.
                                           ...................

                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : SEPTEMBER 29, 2026
              P.C.:

              1.       Heard Mr. Warunjikar, learned Advocate for Applicant and

              Mr. Nakhawa, 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.374 of 2025 registered with Bharati Vidyapith Police Station, Pune

              for offences punishable under Sections 108, 85, 115(2), 352, 351(2),

              351(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.


              3.       Applicant in the present case is the husband of the deceased.

              He and his entire family has been indicted and made an accused in the

              crime. Charge for cruelty has been charged qua the total accused 7

              members of the family of the Applicant.


              4.       The record prima facie shows that in so far as the charge for

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cruelty and abetment to suicide is concerned, there is no specific overt

act whatsoever which shows proximity to the incident in question. It is

seen that the marriage of the parties subsisted for a period of almost 2

years 4 months. There is no proximate link demonstrated by the

prosecution, save and except to refer to and rely upon witness

statements of friends which have been recorded with regard to stray

incidents of harassment as narrated to them on phone by the victim to

be the only hearsay material placed before the Court for the present.


5.        There is no distinct or independent role having been

attributed to the present Applicant save and except that he had

insulted the deceased-victim once in the presence of her friends and

that also has been narrated on phone by the victim to one of her

friends who has disclosed the same well after the incident in question.

The material which is placed on record prima facie enables the

Applicant to be released and enlarged on bail on the principle of parity,

as the charge is purely circumstantial in nature.      The Applicant is

arrested on 10.08.2025. All the co-accused have been enlarged on bail.

Complicity of Applicant in the crime can undoubtedly proved by the

prosecution at trial.


6.        Considering the aforesaid, Applicant      is released on bail

subject to following conditions:-


          (i)   Applicant - Vishal Sanjay Zendge is directed to be


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     immediately released from prison in connection with

     Crime No.374 of 2025;


(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 or two surety / sureties of the

     like amount;

(iii) Applicant shall report to the Investigating Officer at

     Bharati Vidyapith Police Station, Pune 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;

(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

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                                    (viii)Any infraction of the conditions shall entail cancellation

                                               of bail granted to the Applicant.

               7.                   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.


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

               terms.



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

                            Digitally signed
               HARSHADA by HARSHADA
                        HANUMANT
               HANUMANT SAWANT
               SAWANT   Date: 2026.09.30
                            10:29:08 +0530




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