High Court of Gujarat

JAYDEV DASRATHBHAI PATELversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: SANJEEV THAKER

Holding

The Court held that an anticipatory bail application becomes infructuous upon the applicant’s arrest and may be withdrawn with the Court’s permission.

Summary

The applicant, Jaydev Dasrathbhai Patel, filed an anticipatory bail application (R/CR.MA/16557/2026) before the Gujarat High Court. While the application was pending, the applicant was arrested, rendering the anticipatory bail relief ineffective. The applicant’s counsel then sought the court’s permission to withdraw the now‑infructuous application. The learned counsel argued that the arrest nullified the purpose of the bail application. The Court examined whether an anticipatory bail petition can be withdrawn after the applicant’s arrest and whether permission is required for such withdrawal. Finding that the arrest made the application moot, the Court granted permission to withdraw. Consequently, the application was disposed of as withdrawn.

Issues considered

Whether an anticipatory bail application becomes infructuous upon the applicant’s arrest
Whether the court may permit the withdrawal of such an application

Subjects

anticipatory bailwithdrawal of applicationinfructuous applicationcriminal procedure

Judgment

        R/CR.MA/16557/2026                                                                   ORDER DATED: 30/07/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 16557
                             of 2026

  ==========================================================
                                         JAYDEV DASRATHBHAI PATEL
                                                   Versus
                                             STATE OF GUJARAT
  ==========================================================
  Appearance:
  MR HANNAN A QURESHI(11351) for the Applicant(s) No. 1
  MR PRADIP K VALERA(13303) for the Respondent(s) No. 1
  MR VIMAL A PUROHIT(5049) for the Respondent(s) No. 1
  MR RONAK RAVAL, APP for the Respondent(s) No. 1
  ==========================================================

     CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                    Date : 30/07/2026

                                                      ORAL ORDER


                        Learned advocate for the applicant submits that as

  the        applicant              is      arrested             during           the        pendency               of      this

  application, this application has become infructuous and seeks

  permission to withdraw the same.

                        In view of the above, permission as prayed for is

  granted. This application is disposed of as withdrawn.



                                                                                         (SANJEEV J.THAKER,J)
  SRILATHA



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/07/2026 15:15:34




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