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High Court of Gujarat

KAMLESH HARSUKHLAL BHAYANIversusSTATE OF GUJARAT

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The Court held that an anticipatory bail application can be withdrawn when the applicant seeks such permission, particularly after the complaint has been quashed.

Summary

Kamlesh Harsukhlal Bhayani filed an anticipatory bail application before the Gujarat High Court. While a separate quashing petition was pending, the complaint underlying the bail application was quashed. The applicant then sought the Court's permission to withdraw the anticipatory bail application. The Court, after hearing the parties, granted permission to withdraw the application. Consequently, the matter was disposed of as withdrawn.

Issues considered

  • Whether an anticipatory bail application may be withdrawn upon the applicant's request after the underlying complaint has been quashed

Subjects

  • anticipatory bail
  • withdrawal of application
  • quashing of complaint
  • criminal procedure

Judgment

                       R/CR.MA/11929/2026                                                 ORDER DATED: 02/07/2026




                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 11929
                                             of 2026

                  ==========================================================
                                             KAMLESH HARSUKHLAL BHAYANI
                                                        Versus
                                                  STATE OF GUJARAT
                  ==========================================================
                  Appearance:
                  MR KISHAN R CHAKWAWALA(9846) for the Applicant(s) No. 1
                  MR RM CHAKWAWALA(1519) for the Applicant(s) No. 1
                  MR DHAVAL J MAKWANA(12857) for the Respondent(s) No. 1
                  N B PRAJAPATI(7610) for the Respondent(s) No. 1
                  MR RONAK RAVAL, APP for the Respondent(s) No. 1
                  ==========================================================

                     CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                         Date : 02/07/2026

                                                            ORAL ORDER


                           Learned advocate for the applicant seeks permission to

                  withdraw this application in view of the fact that in the

                  quashing petition, the present complaint has been quashed.



                           Permission as sought for is granted. The matter is

                  disposed of as withdrawn.


                                                                                       (SANJEEV J.THAKER,J)
                  URIL RANA



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 02/07/2026 17:25:21




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