Bombay High Court

RAJENDRA RAMCHANDRA AGARWALversusSTATE OF MAHARASHTRA

Decided: 12 June 2026
Disposal: Disposed Off
Bench: SHIVKUMAR DIGE

Holding

The court allowed the withdrawal of the anticipatory bail application.

Summary

The petitioner, Rajendra Ramchandra Agarwal, filed an anticipatory bail application before the Bombay High Court. During the proceedings, the petitioner’s counsel sought leave to withdraw the application, stating that a notice under section 35(3) of the BNSS had been served on the petitioner. The court considered the counsel’s submission and the effect of the statutory notice. It held that the petitioner was entitled to withdraw the anticipatory bail application after the notice was served. Accordingly, the court allowed the withdrawal and disposed of the application.

Issues considered

Whether an anticipatory bail application can be withdrawn after a notice under section 35(3) of the BNSS is served.

Legislation cited

BNSS — s. 35(3)

Subjects

anticipatory bail
withdrawal
section 35(3)
BNSS
criminal procedure
High Court

Judgment

                                                                               20-ABA-1208-2026 (CR).doc



                   V.A. Tikam


                                IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                        CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1208 OF 2026

                                      Rajendra Ramchandra Agarwal
VAISHALI                                        VERSUS
ANIL                                      State Of Maharashtra
TIKAM              _________________________________________________________________
Digitally signed   Mr. Vijay Upadhyay a/w Ms. Sakshi Upadhyay, for the Applicant.
by VAISHALI        Ms. Geeta Mulekar, APP for Respondent-State.
ANIL TIKAM
Date:              _________________________________________________________________
2026.06.12
19:32:43 +0530
                                                    CORAM          : SHIVKUMAR DIGE, J.
                                                    DATE           : 12th JUNE 2026

                   P.C. :

                   1.           Heard learned counsel for the Applicant and learned APP for

                   the State.

                   2.           Learned counsel for Applicant, on instructions, seeks leave to

                   withdraw the anticipatory bail application. He submits that notice under

                   section 35(3) of BNSS is served to the Applicant.

                   3.           Considering his submissions, application is allowed to be

                   withdrawn and disposed of accordingly.



                                                                   (SHIVKUMAR DIGE, J.)




                                                     Page 1 of 1

Continue reading with your account

Checking your session…