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2026 DAILYLAW 8075 (BOM)

DINESH MANIKRAO BHASME v. STATE OF MAHARASHTRA

IA/2694/2026 · 2026-09-07

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Judgment text

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20-ABA-1762-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1762 OF 2026 Shivani Kedar Bhasme …Applicant Versus The State of Maharashtra & Anr. …Respondents WITH INTERIM APPLICATION NO.2694 OF 2026 IN ANTICIPATORY BAIL APPLICATION NO.1762 OF 2026 Dinesh Manikrao Bhasme …Applicant IN THE MATTER BETWEEN: Shivani Kedar Bhasme …Applicant Versus The State of Maharashtra …Respondent Mr. Gaurav Kakade a/w. Mr. Alpesh Vegad and Mr. Pradip Naik, for the Applicant. Mr. S. V. Walve, APP, for the Respondent-State. Ms. Anushka Parab i/b Abhay Parab for Respondent No.2. Mr. Satish Shirsath, API, attached to Panchavati Police Station, Nashik City, Nashik, present. CORAM: MADHAV J. JAMDAR, J. DATED : 7th SEPTEMBER 2026 PC:- 1. Heard Mr. Kakade, learned Senior Counsel appearing for the Applicant, Mr. Walve, learned APP appearing for the Respondent- State and Ms. Parab, learned Counsel appearing for the Intervenor. Page 1 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.09.09 10:59:03 +0530 20-ABA-1762-2026.DOC 2. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.235 of 2026 registered with Panchavati Police Station, Nashik City, Nashik, for the offences punishable under Sections 108, 3(5), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. 3. It is the contention of learned Counsel appearing for the Applicant that the Applicant is not involved in the crime. He submitted that the FIR has been lodged after a period of 20 days and the mobile conversation is prior to 6 months to the date of the incident. He further submitted that the Applicant has a son of aged 1.5 years. He submitted that there are no criminal antecedents against the Applicant and the Applicant will co-operate with the investigation and even the Applicant is ready to handover the mobile phone to the investigating machinery. 4. On the other hand, Mr. Walve, learned APP appearing for the Respondent-State and Ms. Parab, learned Counsel appearing for the Intervenor submitted that the Applicant is involved in the crime and there are several call records to substantiate the same. It Page 2 Sonali 20-ABA-1762-2026.DOC is submitted that the Applicant was married and falsely stated that the Applicant was granted divorce from the first marriage. It is submitted that the Applicant was torturing the deceased and therefore, the deceased died by suicide. 5. Before considering the rival contentions, it is necessary to set out the prosecution case as set out in paragraph No.2 of the order dated 12th June 2026 passed by the learned Additional Sessions Judge, Nashik, in Criminal Bail Application No.972 of 2026, which reads as under: “2. Brief facts giving rise to the present application are as under: Dinesh Manikrao Bhasme filed FIR stating that his son Kedar was serving at Chalisgaon as Arogya Sevak. He came to Nashik for one year training. During that period, he stayed at Nashik alongwith his wife and son. Kedar’s wife Shivani suppressed the fact that she has not get divorce from her first husband and performed second marriage with Kedar. She was demanding money from time to time from Kedar. She was also giving abuses to Kedar, due to which he was mentally disturbed. Shivani used to make phone calls and was harassing her husband Kedar by giving abuses. Due to mental harassment of wife Shivaji, Kedar committed suicide. It is also alleged that Shivani’s parents were also abusing Kedar. ” Page 3 Sonali 20-ABA-1762-2026.DOC 6. Although it is the contention of learned Counsel appearing for the Applicant that the Applicant is not involved in the crime, however, mobile conversation which is produced on record prima facie shows that the Applicant was torturing the deceased and therefore, the incident has taken place. 7. However, it is required to be noted that the Applicant is a lady having a child aged 1.5 years. Learned Counsel appearing for the Applicant submitted that the Applicant will co-operate with the investigation and that the Applicant is ready to handover her mobile phone. There are no criminal antecedents against the Applicant. 8. Thus, in the facts and circumstances, the case is made out for grant of Anticipatory Bail by imposing stringent condition. In view thereof, the following order is passed: O R D E R (a) In the event of arrest of the Applicant-Shivani Kedar Bhasme in connection with C.R. No.235 of 2026 registered with the Panchavati Police Station, Nashik City, Nashik, the Applicant is directed to be released Page 4 Sonali 20-ABA-1762-2026.DOC on bail on her furnishing P.R. Bond in the sum of Rs.30,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the concerned Police Station on 10th September 2026 and 11th September 2026 between 11:00 a.m. to 02:00 p.m. and shall cooperate with the investigation. In addition, the Applicants shall attend the concerned Police Station as and when called. (c) The Applicant shall furnish her cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. (e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Page 5 Sonali 20-ABA-1762-2026.DOC Complainant or any witness in any manner. 9. The Anticipatory Bail Application is disposed of accordingly. 10. In view of the disposal of the Anticipatory Bail Application, nothing survives in the Interim Application and the same is also disposed of. 11. It is made clear that the observation made in this order are of prima facie nature and the learned Trial Court shall decide the trial without being influenced by the observations made in this order. [MADHAV J. JAMDAR, J.] Page 6 Sonali