High Court of Gujarat
VISHALBHAI BHANUBHAI KANTARYAversusSTATE OF GUJARAT
- Decided
- Disposal
- 40-WITHDRAWN @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The bail application was dismissed as withdrawn, with liberty to re‑apply before the Sessions Court.
Summary
The applicant, Vishalbhai Bhanubhai Kantarya, filed a regular bail application before the charge-sheet was filed. The complainant informed the court that the charge-sheet had since been filed. Consequently, the applicant withdrew the bail application. The High Court disposed of the application as withdrawn and granted the applicant liberty to file a fresh bail application before the Sessions Court. No merits of the bail request were examined.
Issues considered
- Whether a regular bail application filed before the filing of a charge-sheet can be entertained after the charge-sheet is filed
- Whether the applicant may withdraw the bail application and re‑file before the Sessions Court
Subjects
- regular bail
- charge-sheet
- withdrawal
- High Court
- criminal procedure
- bail application
Judgment
R/CR.MA/16110/2026 ORDER DATED: 12/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 16110 of 2026
==========================================================
VISHALBHAI BHANUBHAI KANTARYA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MS SHALINI S MAIR(2681) for the Applicant(s) No. 1
MR. ALEKH R SWAIN(18993) for the Respondent(s) No. 1
MR. BALRAJ R. CHAUHAN(17880) for the Respondent(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 12/08/2026
ORDER
Learned advocate appearing for the original complainant
has submitted that pending the present application, charge-
sheet has been :led.
In view of the above, present applications stands disposed
of as withdrawn with a liberty in favor of the applicant to :le a
fresh application before the learned Sessions Court. This Court
has not examined the merits of the case.
(HASMUKH D. SUTHAR, J.)
Ajay
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/08/2026 14:31:17
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