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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 108, 115(2), 3(5), 351(2), 351(3), 352, 85
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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