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Bombay High Court

SANTOSH SURESH KAKADEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed To be withdrawn

Holding

The Court permitted the withdrawal of the anticipatory bail application and disposed of it without addressing the merits.

Summary

The Court considered an anticipatory bail application filed by Santosh Suresh Kakade in a criminal case registered under Sections 316(2) and 318(4) of the Bhartiya Nyaya Sanhita, 2023. The State counsel pointed out that an antecedent FIR (CR No. 162 of 2025) had not been disclosed in the bail application. The applicant’s counsel sought permission to withdraw the anticipatory bail application and to file a fresh one. The Court allowed the withdrawal, disposing of the anticipatory bail application and the related interim application without examining the merits. It expressly left all substantive issues open for future consideration.

Issues considered

  • Whether an anticipatory bail application can be withdrawn at the applicant’s request.
  • Whether the non‑disclosure of an antecedent FIR affects the pendency of the anticipatory bail application.

Legislation cited

Subjects

  • anticipatory bail
  • withdrawal
  • criminal procedure
  • non‑disclosure
  • antecedent FIR
  • merits not considered

Judgment

                                                                                  914.ABA-1138.26.DOC




                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CRIMINAL APPELLATE JURISDICTION
                                           ANTICIPATORY BAIL APPLICATION NO. 1138 OF 2026
             Digitally signed
             by PRACHI
                                                               WITH
PRACHI       PRANESH
PRANESH
NANDIWADEKAR
             NANDIWADEKAR
             Date: 2026.10.07
                                                INTERIM APPLICATION NO.1812 OF 2026
             11:19:29 +0530




                                Santosh Suresh Kakade                              … Applicant
                                V/s.
                                State of Maharashtra & Anr.                        …. Respondents


                                                            ______________________
                                Mr. Vikas Shivarkar, for the Applicant.
                                Ms. M. R. Tidke, APP, for the Respondent No.1-State.
                                Mr. Sachin Salunkhe (through VC) for Respondent No.2.
                                Mr. T. Munde, PSI attached to Loni Kalbhor Police Station, Pune
                                present.                         ______________________


                                                            CORAM : MADHAV J. JAMDAR, J.
                                                            DATED : 6 OCTOBER 2026
                                P. C. :-

                                1.         At the outset, learned APP appearing for the Respondent-

                                State points out that there is an antecedent being C.R. No. 162 of

                                2025 registered with Alankar Police Station, Pune City under

                                Sections 316(2), 318(4) of Bhartiya Nyaya Sanhita, 2023.

                                However, the same has not been disclosed in the Anticipatory Bail

                                Application.




                                                                 Page 1
                                PPN
                                                     914.ABA-1138.26.DOC




2.    In view of the said contention raised, learned counsel

appearing for the Applicant seeks withdrawal of the Anticipatory

Bail Application with liberty to file fresh Anticipatory Bail

Application.

3.    Accordingly, the Anticipatory Bail Application is allowed to

be withdrawn and disposed of as such with liberty as sought for.

4.    It is clarified that this Court has not considered merits and

all contentions on merits are expressly kept open.

5.    As the Anticipatory Bail Application is disposed of, nothing

survives in the Interim Application and the same is also disposed

of.



                                         [MADHAV J. JAMDAR, J.]




                               Page 2
PPN


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