40.BA.4108.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION 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. ] 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.08.17 21:23:06 +0530