Bombay High Court
TUSHAR ALIAS BABLU RAJARAM DHAMDHEREversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail is granted to the applicant under Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023, subject to specified conditions, without prejudice to the merits of the case.
Summary
The applicant, Tushar alias Bablu Rajaram Dhamdhere, was arrested in September 2020 for alleged offences under Sections 302 and 498-A of the IPC. After more than six years of incarceration, the Sessions Judge noted that the applicant appeared to be of unsound mind and adjourned the trial sine die, although a medical report later found no health complaint. The applicant filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release on the ground of prolonged detention. The High Court, without addressing the merits of the murder and dowry‑death charges, granted bail subject to a cash bond, sureties and a series of reporting and conduct conditions. The order expressly limited its observations to bail and clarified that the trial will proceed on its merits.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences punishable under IPC Sections 302 and 498‑A after prolonged incarceration.
- Whether the observation of the applicant’s alleged unsound mind affects the grant of bail.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 302, 498-A
Subjects
- bail
- Section 483
- mental health
- unsound mind
- IPC 302
- IPC 498-A
- long incarceration
- conditions of bail
Judgment
35.BA.2215.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.2215 OF 2026
Tushar alias Bablu Rajaram Dhamdhere .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Karan Singh Rajput a/w. Mr. Fauzan Shaikh, Advocates for
Applicant.
Ms. Rajeshree Newton, APP for Respondent.
API – Priyanka Gaikwad, Uttam Nagar Police Station, Pune City.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 23, 2026
P.C.:
1. Heard Mr. Rajput, learned Advocate for Applicant and Ms.
Newton, 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.1192 of 2020 registered with Uttamnagar Police Station for
offences punishable under Sections 302 and 498-A of the Indian Penal
Code, 1860.
3. Applicant is arrested on 10.09.2020 and has been in
incarceration since then for offences punishable under 302 and 498-A
of the Indian Penal Code, 1860. Trial has commenced but vide order
dated 16.06.2026, learned Sessions Judge has observed and recorded
in the order that Applicant appears to be of unsound mind. In that
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view of the matter, trial has been adjourned sine die. Though
prisoner’s medical report was called on the aforesaid ground and
reason, the same having been placed before me however it states that
prisoner has no medical complaint.
4. Be that as it may, rather than this Court going into the issue
as to who is right or who is wrong it would be appropriate that the
case of Applicant is considered for release on bail on the ground of
long incarceration without delineating any opinion on merits of the
matter lest it would affect the ongoing trial.
5. In that view of the matter, Applicant is granted bail subject
to following conditions:-
(i) Applicant is directed to be immediately released
from prison in connection with Crime No. 1192 of
2020;
(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 the concerned Police Station, once every month
on the first Monday of the month between 10:00
a.m. to 12:00 p.m.;
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(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
(viii)Any infraction of the conditions shall entail
cancellation of bail granted to the Applicant.
6. 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
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uninfluenced with any of the prima facie observations made
hereinabove in this order.
7. 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: 2026.09.23
15:12:17 +0530
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