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Bombay High Court

VISHAL RATNAKAR HEGDEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court allowed the withdrawal of the anticipatory bail application, ordered a fresh notice under Section 35(3) BNSS, and cancelled the non‑bailable warrant.

Summary

The applicant, Vishal Ratnakar Hegde, filed an anticipatory bail application before the Bombay High Court. The State, through its Assistant Public Prosecutor, sought the issuance of a fresh notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, against the applicant. The applicant’s counsel requested permission to withdraw the anticipatory bail application in view of the State’s submission. The Court allowed the withdrawal and ordered the application to be disposed of. It further directed that a fresh notice under Section 35(3) of the BNSS be issued to the applicant. Consequently, the non‑bailable warrant previously issued against the applicant was cancelled as he undertook to appear as per the forthcoming notice.

Issues considered

  • Whether the anticipatory bail application may be withdrawn at the applicant’s request.
  • Whether a fresh notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, should be issued to the applicant.
  • Whether the non‑bailable warrant issued against the applicant should be cancelled upon his undertaking to appear.

Legislation cited

Subjects

  • anticipatory bail
  • fresh notice
  • non-bailable warrant
  • Section 35(3)
  • BNSS
  • withdrawal of application

Judgment

                                                                          22-ABA-1516-2026 (CR).doc


     Shubhada S Kadam


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                               ANTICIPATORY BAIL APPLICATION NO. 1516 OF 2026

                                             Vishal Ratnakar Hegde
                                                     Versus
                                            The State of Maharashtra
                      _________________________________________________________________

                      Mr. Siddharth Pimpale along with Mr. Prashant Bothra i/b. Pan India Legal
                      Services LLP, Advocates for Applicant.
                      Ms. Ranjana D. Humane, APP for Respondent-State.
                      Mr. Chetan C. Agrawal, Advocate for Respondent No.2.
                      _________________________________________________________________

                                                          CORAM       :   SHIVKUMAR DIGE, J.
                                                          DATE        :   10th JULY, 2026.
                      P.C. :

                      1.          Heard learned counsel for the applicant, learned APP for

                      respondent-State and learned counsel for the intervenor.

                      2.          Learned APP, on instructions from the Investigating Officer,

                      submits that fresh notice under Section 35(3) of the Bharatiya Nagarik

                      Suraksha Sanhita (BNSS), 2023 will be issued to the applicant.

                      3.          Considering the submission of learned APP, learned counsel for

                      the applicant seeks leave to withdraw this application.

                      4.          In view of above, the application is allowed to be withdrawn

                      and disposed of.

         Digitally
         signed by
                      5.          Fresh notice be issued to the applicant under Section 35(3) of
         SHUBHADA
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM    Date:        the BNSS.
         2026.07.13
         19:07:43
         +0530

                                                       Page 1 of 2
                                                                  22-ABA-1516-2026 (CR).doc


Shubhada S Kadam




               6.        Non-bailable warrant issued against the applicant is cancelled

               as the applicant has undertaken to appear as per the fresh notice which

               will be issued under Section 35(3) of the BNSS.



                                                             (SHIVKUMAR DIGE, J.)




                                               Page 2 of 2


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