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High Court of Gujarat

NIL MAYURKUMAR PATELversusSTATE OF GUJARAT

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The Court granted permission to withdraw the bail application and ordered it disposed of as withdrawn, allowing a fresh application to be filed before the trial court.

Summary

The petitioner filed a regular bail application before the filing of a charge sheet. During the pendency of the application, the charge sheet was filed, prompting the petitioner to seek permission to withdraw the bail application and file a fresh one before the trial court. The learned counsel for the petitioner requested liberty to withdraw the present application. The Court, noting the change in circumstances, granted the request and ordered the application to stand disposed of as withdrawn, allowing the petitioner to file a fresh application before the trial court. The Court expressly stated that it did not consider the merits of the bail application and that the trial court should decide any fresh application on its own merits.

Issues considered

  • Whether a regular bail application filed before a charge sheet can be withdrawn after the charge sheet is filed
  • Whether the petitioner may be permitted to file a fresh bail application before the trial court

Subjects

  • regular bail
  • charge sheet
  • withdrawal of application
  • criminal procedure
  • bail application

Judgment

     R/CR.MA/10712/2026                                                   ORDER DATED: 19/05/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                CHARGESHEET) NO. 10712 of 2026
==========================================================
                                 NIL MAYURKUMAR PATEL
                                          Versus
                                    STATE OF GUJARAT
==========================================================
Appearance:
MR. BHAVIK P SHAH(6391) for the Applicant(s) No. 1
MS VIRAL A DETROJA(12122) for the Applicant(s) No. 1
MR DHAWAN JAISWAL, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                        Date : 19/05/2026
                                         ORAL ORDER

                  It    is    reported          that         during      pendency            of    this
application, charge sheet is filed.

                  In view of the above fact, learned advocate for the
applicant seeks permission to withdraw present application
with liberty to file a fresh application before learned trial
Court.       Permission,             as     prayed           for,   is     granted.          Present
application stands disposed of as withdrawn with above
liberty.

                  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)
ROHAN SONI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ROHAN SONI(HC02356), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 19/05/2026 12:51:58

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