High Court of Gujarat
ALTAFKHAN VALIKHAN LUHARversusSTATE OF GUJARAT
- Decided
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- NIRZAR S DESAI
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Permission to withdraw the bail application was granted, and the application was disposed of as withdrawn.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 The Hon'ble Justice N. S. Desai granted the request, ordering the application to be disposed of as withdrawn and clarified that the court did not consider the merits of the case.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
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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
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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.
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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as withdrawn with above liberty.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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