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High Court of Gujarat

ALTAFKHAN VALIKHAN LUHARversusSTATE OF GUJARAT

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

Permission to withdraw the bail application was granted, and the application was disposed of as withdrawn.

Summary

The applicant, Altaf Khan Valikhan Luhar, filed a regular bail application before the chargesheet was filed. After the chargesheet was lodged, the applicant sought to withdraw the bail application and file a fresh bail petition before the trial court. The learned counsel for the applicant, Mr. Mehul Gonde, requested permission to withdraw the pending application. The Hon'ble Justice N. S. Desai granted the request, ordering the application to be disposed of as withdrawn and clarified that the court did not consider the merits of the case. The trial court will now consider any fresh bail application on its merits without being influenced by this withdrawal order.

Issues considered

  • What procedural steps are required to withdraw a bail application after a chargesheet has been filed?

Subjects

  • bail
  • withdrawal of application
  • chargesheet
  • regular bail
  • criminal procedure

Judgment

     R/CR.MA/10205/2026                                    ORDER DATED: 20/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                 CHARGESHEET) NO. 10205 of 2026
================================================================
                           ALTAFKHAN VALIKHAN LUHAR
                                     Versus
                            STATE OF GUJARAT & ANR.
================================================================
Appearance:
MR TUSHAR L CHAUHAN(12449) for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
MS DIVYANGNA JHALA, APP for the Respondent(s) No. 1
================================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                  Date : 20/05/2026

                                   ORAL ORDER

1.      Heard learned advocate Mr.Mehul Gonde for

learned advocate Mr.Tushar L. Chauhan for the

applicant and learned APP Ms.Divyangna Jhala

for the respondent-State.


2.      Learned advocate Mr.Mehul Gonde for the

applicant,                under     instructions,             states          that

during pendency of this application, charge-

sheet is filed and therefore, the applicant

wants to file a fresh application for bail

before          the        learned       Trial        Court       and       seeks

permission                to      withdraw          this      application.


                                      Page 1 of 2
           R/CR.MA/10205/2026                                                       ORDER DATED: 20/05/2026




   Permission, as prayed for, is granted.


   3.         The application is accordingly disposed of

   as        withdrawn                 with          above            liberty.                Notice             is

   discharged.


   4.         It is hereby made clear that this Court

   has not gone into the merits of the case.

   Learned                  trial               Court               shall               decide                the

   application,                      that           may         be        filed            by       present

   applicant, on its own merits and without being

   influenced by present order of withdrawal.



                                                                                     (NIRZAR S. DESAI,J)
   PALAK




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALAK RAJUBHAI BRAHMBHATT(HC01391), PRIVATE SECRETARY, at High Court of Gujarat on 20/05/2026 11:59:46



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