BA-1027-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1027 OF 2011 Dinesh Narottamdas Gupta ... Applicant V/s. The State of Maharashtra ... Respondent Mr. D.G. Khamkar for the Applicant. Mrs. R.V. Newton, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 2 ND AUGUST, 2011. P.C. : 1. Heard. 2. I have gone through the Bail Application and the annexures thereto. 3. The Applicant is alleged to have murdered his own wife Smt. Sunita on 29th July, 2009. The case of the Investigating Agency is that the deceased Sunita was the second wife of the Applicant, and that Sunita was murdered by the Applicant and the Applicant's first wife Smt. Nisha. 4. From the statements recorded during investigation, it appears that the Applicant was not present in the flat when the murder is supposed to have taken place. At-least, the Applicant had not seen by anyone to be there. The other accused Nisha, first wife of the Applicant, has also been arrested, but no weapon of assault could be recovered from her. Apparently, the weapon of assault was dropped by the offender at the scene of offence itself. BA-1027-11.sxw 2 Dixit 5. Except the suspicion expressed by the First Informant, who is the father of Sunita, there is nothing else against the Applicant. The Applicant is in custody since 29th July, 2009. I am informed that the trial has not even commenced. Under the circumstances, it would be proper to release the Applicant on bail. 6. The Bail Application is allowed. 7. The Applicant is ordered to be released on bail in the sum of Rs.40,000/-, with one surety in like amount. [A.M. THIPSAY, J.]