Bombay High Court

CHAITALI NAKUL BHOIRversusSTATE OF MAHARASHTRA

Decided: 29 September 2026
Disposal: Allowed

Holding

Bail is granted to the applicant subject to the conditions imposed by the court.

Summary

The Bombay High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by Chaitali Nakul Bhoir, who is accused of murder under Section 103 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. The applicant had called the police herself after the alleged incident and was found sitting beside the deceased, appearing remorseful. The court noted the absence of any material indicating pre‑meditation or conspiracy and the presence of two minor children dependent on the applicant. It also observed that another co‑accused had already been released on bail, suggesting the possibility of culpable homicide not amounting to murder. Weighing these factors, the judge granted bail with a personal bond of Rs.15,000 and several reporting and non‑interference conditions, while expressly reserving the right to revoke bail for any breach. The order was limited to bail and did not address the merits of the criminal charge.

Issues considered

Whether bail should be granted to the accused under Section 103 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Whether the circumstances—applicant’s voluntary call to police, lack of evidence of pre‑meditation, and presence of minor children—negate the risk of flight or tampering with evidence.
Whether the existence of another co‑accused released on bail influences the bail decision for the applicant.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 103, 3(5)

Subjects

bail
murder
culpable homicide not amounting to murder
Section 483
Section 103
Section 3(5)
minor children
flight risk
pre‑meditation

Judgment

32.BA.3640.2026.doc

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

BAIL APPLICATION NO.3640 OF 2026

Chaitali Nakul Bhoir .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
 Mr. Harsh Kashyap, Advocate for Applicant.
 Ms. Gauri S. Rao, APP for Respondent.
 PSI – Sanjay Baravkar, Chinchwad Police Station.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 29, 2026
P.C.:

1. Heard Mr. Kashyap, learned Advocate for Applicant and Ms.

Rao, 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.399 of 2025 registered with Chinchwad Police Station for offences

punishable under Section 103 read with Section 3(5) of the Bharatiya

Nyaya Sanhita, 2023.

3. Applicant is a woman who has been indicted and accused of

committing murder of her husband. The date of the incident is

24.10.2025 and she has been arrested on the same day. The record

which is placed before me prima facie shows that after the incident

the Applicant herself called up the Police Helpline No.112 and

registered the incident with the First Informant who is a police

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constable. Immediately within no time, the Police Investigation Team

reached the incident spot and found that the Applicant was sitting

beside the body of her husband and was crying. It is so stated in the

First Information Report which has been filed by the First Informant.

4. Prima facie, the Applicant appeared to be remorseful.

Reasons for the same undoubtedly, form the fulcrum of the

prosecution case at trial. The Applicant is having two minor children, 6

years of age and 3 years of age who are at presently being provided

care by their paternal grandmother. Both the children of the Applicant

are studying in playgroup and nursery i.e. pre-school. There is no other

woman in the family to provide care and support for these two minor

children of the Applicant.

5. The fact that the Applicant herself called up Police itself

enures to the benefit of the Applicant since the Applicant could have

otherwise fled away from the incident spot. She did not choose to do

so. Reasons for the act in question will be proved at trial.

6. Prima facie, after hearing the submissions made by Mr.

Kashyap, the theory and possibility of the contours of culpable

homicide not amounting to murder may also not be ruled out,

considering the fact that the prosecution has roped in one more

accused who has however been enlarged on bail. There is no material

placed on record to either show that there was any conspiracy or

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premeditation for committing the crime in question.

7. In that view of the matter in view of the aforesaid reasons, I

am inclined to consider the Applicant's case for grant of bail.

8. Considering the aforesaid, Applicant is released on bail

subject to following conditions:-

(i) Applicant - Chaitali Nakul Bhoir is directed to be

immediately released from prison in connection with

Crime No. 399 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

Chinchwad 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 she does so it will entitle the

prosecution to apply for revocation of this order;

(v) Applicant shall not leave the State of Maharashtra

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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 her 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.

9. 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.

10. 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
10:41:03 +0530

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