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High Court of Gujarat

PUKHRAJ S/O KRISHNARAM AMALURAM KHILERI (BISHNOI)versusSTATE OF GUJARAT

Decided
Disposal
40-WITHDRAWN @ FH

Holding

The High Court may grant permission to withdraw a bail application without examining its merits.

Summary

The applicant, Pukhraj, filed a regular bail application before the filing of a charge-sheet. He later sought the Court's permission to withdraw the application so that he could approach the trial court after the charge-sheet was filed. The learned counsel for the applicant requested the withdrawal, and the Public Prosecutor opposed. The High Court examined the request and, noting that it had not been required to consider the merits of the bail application, granted permission to withdraw. The Court ordered that the application stand disposed of as withdrawn and clarified that the trial court should not be influenced by this withdrawal. No substantive merits of the bail claim were addressed.

Issues considered

  • Whether the High Court may grant permission to withdraw a bail application filed before the filing of a charge-sheet

Subjects

  • bail
  • withdrawal of application
  • criminal procedure
  • high court
  • charge-sheet

Judgment

     R/CR.MA/11986/2026                                                    ORDER DATED: 25/05/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                 CHARGESHEET) NO. 11986 of 2026

==========================================================
          PUKHRAJ S/O KRISHNARAM AMALURAM KHILERI (BISHNOI)
                                Versus
                          STATE OF GUJARAT
==========================================================
Appearance:
MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
MR DHAWAN JAYSWAL, PUBLIC PROSECUTOR for the Respondent(s) No.
1
==========================================================

  CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                         Date : 25/05/2026

                                           ORAL ORDER


1.        Learned Advocate, Mr. Daiya, appearing for the
applicant, under the instructions, seeks permission to
withdraw this application with a view to approach the
concerned trial Court, after the filing of the charge-sheet.


2.        Heard. Permission, as prayed for, is granted. This
application stands disposed of, as withdrawn. It is clarified
that this Court has not examined the merits of the matter
and therefore, the trial Court shall not be influenced by the
present withdrawal. Rule is discharged.


                                                                             (NIRZAR S. DESAI,J)
UMESH/-

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 25/05/2026 12:49:44




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