12. BA-1160-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1160 OF 2026 Dilip Ramesh Nihal .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Vipul Dushing a/w Mr. Tanmay Kate, Advocates for Applicant  Ms. Rajeshree V. Newton, APP for State  Mr. Dipak Nikam, PSI, Talegaon Dabhade Police Station ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 24, 2026 P. C. : 1. Heard Mr. Dushing, learned Advocate for Applicant and Ms. Newton, learned APP for State. 2. This is an Application under Section 439 of Cr.P.C. seeking Bail in connection with C.R. No. I-417 of 2018 of Talegaon Dabhade Police Station for the offences punishable under Sections 304, 201 read with 34 of the Indian Penal Code, 1860 (for short "IPC"). 3. Applicant is indeed suffering from serious leg injury that requires medical ailment. Report from the jail prima facie shows that Applicant is moving around with the aid of walker. Medical ailment of Applicant is with regard to some accident which the Applicant had met in the year 2025 pursuant to which he was operated at Sigma Hospital at Sambhaji Nagar. 1 of 6 12. BA-1160-26.odt 4. Mr. Dushing would draw my attention to the details of the surgery which is carried out whereby external fixation of right femur and external fixation of posterior tibial artery on the right is done under SA + Epidural procedure in both legs. He would submit that present condition of the Applicant in jail is in fact on account of the aforesaid surgery whereby the metal components of the joints and rods which are fitted in his legs are now required to be either removed or replaced which has led to immobility of Applicant. 5. The Applicant was operated on his right leg in a private hospital on June 2025 and undergone skin graft between 10.09.2025 to 22.09.2025. He was unable to walk prior to June 2025. This is confirmed by prison medical report dated 15.06.2026. This report is taken cognizance by Court in its order dated 17.06.2026. Since February 2026 to June 2026 Applicant has been referred to Sassoon General Hospital for examination by orthopedic surgeon, blood test, consultation, medical advice on 5 different occasions. The conclusion in prison medical report is that Applicant need orthopedic surgical management for non - union of right tibia since he has infected infrastructure due to bone loss and lateral plate in situ. The orthopedic specialist has opined that Applicant will require multiple plan surgeries for the above issue and Applicant is admitted to Yerwada Prison Hospital and is under observation and treatment. 2 of 6 12. BA-1160-26.odt 6. PER CONTRA, learned APP would vehemently submit that Applicant is indicted in a serious crime under Section 302 and even during Covid period, when he was on bail he had committed a non- cognizable offence of giving threat to the informant as also the witnesses involved. She would vehemently argue and submit that Applicant is likely to re-offend himself and tamper with evidence and influence the witnesses in view of his past conduct. 7. I have heard the submissions made by both the learned Advocates at bar and perused the material in the present case. 8. Chargesheet has been filed. Investigation has been completed. One of the co-accused has been granted bail by the Sessions Court. Applicant is in incarceration since 09.07.2018. Notwithstanding the fact that during Covid-19 pandemic period, he was given interim bail, Applicant was thereafter taken into custody. However, in view of the Applicant having suffered a leg injury, he has made out case for grant of bail on medical ground considering his present status as prima facie observed. Needless to state that appropriate measures and conditions can be incorporated in the bail order so that after the Applicant undertakes the surgery as required and post rehabilitation thereafter, prosecution can approach this Court for his custody in accordance with law. 3 of 6 12. BA-1160-26.odt 9. In view of the above prima facie observations and findings, I am inclined to release the Applicant on medical bail on the following conditions:- (i) Applicant is directed to be immediately released from prison in connection with C.R. No. I-417 of 2018; (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 is released on medical bail. He shall get himself examined and checked in Sassoon General Hospital within one month from the date of his release after taking appropriate appointment with regard to his injury, surgery, treatment and rehabilitation. Applicant is directed to ensure that he undertakes corrective surgery on his right knee thereafter within 2 months of Doctor's advice. The Investigating Officer shall call upon the Applicant every month to confirm his medical status and make a report of the same in his file. The Investigating Officer shall after three months consider the status of Applicant's surgery / operation / rehabilitation and make a report of the same and keep it in his record. If after three months, Applicant is in a 4 of 6 12. BA-1160-26.odt position to lead a normal life and is effectively mobile , the Investigating Officer shall approach the Court for seeking surrender / custody of the Applicant. If the Applicant requires more time for his rehabilitation, the Investigating Officer shall monitor the situation every month by calling upon the Applicant and depending upon the Applicant's medical status and mobility, make an appropriate Application to this Court for seeking his custody / surrender thereafter; (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 5 of 6 12. BA-1160-26.odt (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 10. Needless to state, the Petitioner shall undergo a medical re- examination after a period of six months and the report of the Hospital shall be taken into consideration. The said report shall be furnished to the Investigating Officer. In view thereof, the learned APP shall be at liberty to take appropriate steps for seeking variation, modification or otherwise, of the present order, if so warranted. 11. Needless to state that the above observations will not come in the way of trial as they are prima facie in nature based on the submissions made and the material placed before this Court. 12. Bail Application is allowed and disposed of in the above terms. Amberkar [ MILIND N. JADHAV, J. ] 6 of 6 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.08.26 12:46:53 +0530