Created by Fuzzy Cloud

Bombay High Court

DIPAK DATTU GAVEversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted to the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to stringent conditions.

Summary

The applicant, Dipak Dattu Gave, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case (C.R. No.196 of 2022) involving murder, abetment of murder, and conspiracy under IPC Sections 302, 201, 120‑B read with 34. He had been in custody for over four years and the prosecution’s case was based solely on circumstantial evidence, with no direct proof and a medical report negating alleged intoxication of the victim. The respondent argued for speedy trial, but the court noted the lack of direct evidence and the applicant’s clean antecedent. Considering these factors, the court granted bail subject to a cash bond, surety, regular reporting to police, attendance at trial, and other conditions to prevent tampering or flight. The bail order was issued with detailed conditions and the application was disposed of in the applicant’s favour.

Issues considered

  • What is the applicability of Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting bail in a murder‑related case?
  • Whether the absence of direct evidence and reliance on circumstantial evidence justifies bail?
  • Whether the applicant poses a risk of fleeing, influencing witnesses, or tampering with evidence?

Legislation cited

Subjects

  • bail
  • circumstantial evidence
  • murder
  • IPC
  • Section 483
  • Bharatiya Nagarik Suraksha Sanhita
  • conditions of bail
  • flight risk
  • witness tampering

Judgment

                                                                           40.BA.4108.2025.doc

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


                              BAIL APPLICATION NO.4108 OF 2025

              Dipak Dattu Gave                                        .. Applicant
                         Versus
              The State of Maharashtra                                .. Respondent
                                        ....................
               Mr. Kuldeep U. Nikam a/w Mr. Om N. Latpate and Mr. Samadhan
                H. Ghumane, Advocates for Applicant.
               Ms. Sangeet E. Phad, APP for Respondent.
                                            ...................

                                           CORAM : MILIND N. JADHAV, J.
                                           DATE          : AUGUST 17, 2026
              P.C.:

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

              Phad, 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.196 of 2022 registered with Dindori Police Station, Nashik for

              offences punishable under Sections 302, 201, 120-B read with Section

              34 of the Indian Penal Code, 1860 (for short ‘IPC’).


              3.        Applicant is one of the co-accused arraigned as Accused No.1

              in the present crime. He was arrested on 05.06.2022. He is in long

              incarceration for more than four years. Ms. Phad informs that trial has

              commenced and out of 15 witnesses 4 witnesses have already been

              examined.



                                                                                       1 of 4
                                                         40.BA.4108.2025.doc


4.        Ms. Phad would persuade the Court to expedite the trial

rather than allow the present Application. Mr. Nikam has persuaded

me to consider the fact that there is no direct evidence whatsoever and

case of prosecution is based entirely on circumstantial evidence. Motive

of crime borne out from record is due to relationship between Accused

Nos.1 and 2 wherein Accused No.2 is wife of the deceased. It is also

seen from the record that two months prior to the crime, Accused No.2

left the deceased and was staying separately.


5.        Though Ms. Phad would persuade the Court to consider the

fact that the deceased victim was intoxicated when he was killed as he

and Accused No.1 had visited the wine shop on the previous date i.e.

02.06.2022, the same cannot be proven prima facie in view of the

medical report which is appended at page No.87 of the Application.

According to the Medical Report there is no trace of alcohol

whatsoever which is shown in the body of the deceased.


6.        In view of the fact that case of prosecution is based solely on

circumstantial evidence and Applicant having no antecedents,

Applicant has made out case for grant of bail. He shall ensure that he

shall attend all dates of hearing before Trial Court as one of the pre-

condition for grant of bail. Considering the aforesaid, Applicant has

made out a case for grant of bail subject to following conditions:-




                                                                      2 of 4
                                               40.BA.4108.2025.doc


(i)   Applicant is directed to be immediately released from

      prison in connection with Crime No. 196 of 2022;


(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 surety of the like amount;

(iii) Applicant shall report to the Investigating Officer at

      concerned 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;

(vi) Applicant shall not influence with 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



                                                           3 of 4
                                                                               40.BA.4108.2025.doc


                             (viii)Any infraction of the conditions shall entail cancellation

                                        of bail granted to the Applicant.

               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
                        SAWANT
               HANUMANT Date:
               SAWANT   2026.08.17
                         21:23:06
                         +0530




                                                                                           4 of 4


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.